This article is written by Ms. Tanishka Nigam, a 3rd year student of Narsee Monjee Institute of Management Studies, Bangalore.

ABSTRACT

Piracy in marine border zones presents a complex legal scenario, which is explored in this article. It draws attention to the difficulties that the maritime industry, international organisations, and governments have had in addressing and reducing this persistent threat. This research looks at the evolution of piracy and how it manifests now in border regions vital to international trade and transportation. It highlights how common this unlawful conduct is and the problems it causes. The study delves into the challenges of prosecuting and adjudicating pirates and examines the legal structures that govern piracy. Issues covered include the complexities of evidence collection, cross-border person transfer protocols, and the role of specialist international courts. Examining how regional collaboration and measures have affected efforts to increase maritime security and decrease piracy is the primary goal of the study. 

INTRODUCTION

An integral part of international trade, the marine industry has always been a setting for promising opportunities and perilous threats. Ships on the high seas facilitate trade, which in turn boosts economies and builds bridges between nations. Nevertheless, they also act as a continual symbol of the ever-present risk that piracy poses. Piracy in marine border zones has unique and complicated legal challenges, which are addressed in this article. In certain places, the territorial seas of several countries meet, creating a complex web of jurisdictional disputes. Therefore, international cooperation between nations is essential for the successful prevention and response to piracy in these regions. Although it has its roots in antiquity, piracy is now a contemporary danger that poses challenges to maritime security. It is particularly difficult to successfully prosecute and deter pirate offences in border locations where the jurisdictional borders of coastal nations intersect, creating a heightened threat owing to the complicated legal obstacles. Hence, in areas where international waterways meet national borders, it is essential to study the complexities of pirate regulation and enforcement mechanisms in depth.

What constitutes piracy in the eyes of international law is at the heart of the legal issues. The primary document outlining the rules of law that apply to marine domains is the United Nations Convention on the Law of the Sea (UNCLOS). But understanding and applying UNCLOS to piracy in maritime border areas requires a deep understanding of complex jurisdictional nuances. It is very difficult to determine which state has the authority to prosecute and punish pirates when their crimes occur in international waterways, which are not under the control of any particular government. The complicated legal concerns surrounding piracy in border zones are the focus of this study. This research will look at the origins of piracy, how it evolved into its modern forms, and how often pirates operate along major shipping lanes. In order to understand the gravity of the problem and the necessity of robust legal frameworks, the article delves into the historical background.

Also discussed in this article are the international treaties and legal instruments that have an impact on anti-piracy efforts. The development and implementation of counter-piracy measures will mostly rely on the participation of coastal governments, international organisations, and joint projects. Examining the methods of extraditing persons, the jurisdiction of foreign tribunals, and the challenges of evidence collecting are all part of the legal frameworks that will be considered in the prosecution and adjudication of pirates.

The economic effects, insurance considerations, and security measures used by shipping companies are only a few of the broader impacts of piracy on the maritime industry that this study will assess. By breaking down piracy into its component parts, this essay hopes to clarify the legal considerations in areas with marine borders. The goal is to offer helpful insights for the development of effective strategies to fight piracy and protect the world’s oceans.

FOUNDATION FOR MARITIME BOUNDARIES

The demarcation between two bodies of water on Earth is referred to as a maritime border. It encompasses and outlines specific regions, along with national rights to use and own specific biological and mineral resources. In the water, it marks the boundary between countries. The maritime boundary is a depiction of a nation’s marine borders on a map. To ensure the smooth enforcement of the law, it clearly defines the maritime boundaries of each nation.

Concentric limits and the country’s sea border map are used to categorise maritime borders. The United Nations Convention on the Law of the Sea  is the standard by which it is measured. 

INLAND WATERS- With regard to the side of the planet that is oriented towards land, it represents the water that is reachable. This region is comprised of rivers, bays, and lakes, all of which are connected to the ocean in some way.

TERRITORIAL SEAS- According to estimates, these stretch to a distance of around twelve nautical miles from the state’s marine limits. It is the nation or the state that exercises its authority and executive sovereignty over the components of the territorial seas, such as the seabed, the airspace, and the subsoil that lies under the territorial seas.

CONTIGUOUS ZONES- The boundaries of these zones extend beyond the state’s territorial waters and extend up to twenty-four nautical miles beyond the state’s established maritime boundaries. The authorities that are in charge of law enforcement in that region have a responsibility to protect and prevent the risk of theft or violation with regard to certain components or pieces of machinery that are used for employment. This obligation includes, but is not limited to, customs regulations, immigration regulations, and fiscal laws and regulations. In addition, anybody who is discovered to be in violation of the specific rules, regulations, and standards that belong to the international maritime boundary need to be subject to severe punishments.

EXCLUSIVE ECONOMIC ZONES– When looking at the map of sea borders, this area goes beyond the boundaries of territorial seas and adjacent zones. It is said to reach a maximum depth of 200 nautical miles from the coast of a particular area. An exclusive economic zone is a territory over which a nation or state exercises administrative power. Furthermore, it is within its rights to conduct exploration within exclusive economic zones in pursuit of diverse natural energy sources. Natural resource conservation and management are also within their purview. Many international treaties and conventions have granted particular authority to nations to build certain types of structures, install or develop new projects, and make broad use of any man-made area. It is also permissible, according to international law, for countries to engage in maritime-related research, such as studies aimed at protecting marine ecosystems or studying marine life.

CONTINENTAL SHELF- In the extended undersea area, it is the soil that is beneath the water’s surface and the submerged bottom. It reaches a maximum depth of 200 nautical miles from any given nation’s or state’s coast. It stretches all the way to the very tip of the continental margin, across the area of a country’s or state’s territorial seas, all the way to the international maritime boundary.

DISPUTES RELATING TO MARITIME BOUNDARIES TODAY

There exists a notable distinction between the regulations that dictate the formation of maritime borders and the procedures through which governments settle conflicts regarding these boundaries. For a more practical examination of how states come to agreements on boundary disputes, there are several alternatives. First, they can attempt to resolve it through bilateral negotiations. If that doesn’t work out, individuals have the option to bring their case before the International Court of Justice (ICJ) or another international court, like the International Tribunal for the Law of the Sea (ITLOS). Alternatively, individuals have the option to utilise a third-party arbitration service, such as the Permanent Court of Arbitration (PCA).

As a result, over 90% of marine boundaries have been resolved by bilateral discussions, allowing governments to select their preferred method for defining maritime territory. Research indicates that states opt for bilateral negotiations to avoid the constraints of international adjudication or arbitration. However, they still rely on and largely conform to the legal principles established by international court decisions. When considering the emergence of states as geographical entities, conflicts over boundaries, sovereignty, and jurisdiction in the maritime domain have typically been peacefully resolved through negotiations and adjudication or arbitration. As previously said, international law establishes the structure for resolving conflicts related to the sea. The utilisation of sheer force to establish the boundaries of state authority in maritime areas has been effectively excluded in the post-World War II era, mostly due to the limited number of governments possessing the military and economic capabilities necessary for prolonged naval conflicts (or reaping any advantages from such endeavours). 

Disputes over international maritime borders are currently occurring on all continents. There are still a number of differences of opinion, some of which are quite heated and difficult to resolve while others are more passive or easily managed. According to Prescott and Schofield, there are 427 potential maritime borders, but only around 168 (or 39% of the total) have been formally formed, and many of these agreements are only partially formalized. There are other, less precise numbers about the total number of maritime boundary disputes. Roughly half of the 640 marine boundary conflicts have already been resolved. According to Newman, half of the world’s 512 maritime boundaries have already been colonized.

It is still very difficult to establish jurisdiction for the purpose of prosecuting pirates. In international seas, piracy frequently happens, pushing the boundaries of what the law can do. Cooperation agreements and multilateral initiatives are necessary to effectively combat piracy because states must deal with jurisdictional uncertainties. UNCLOS lays the groundwork for this kind of cooperation by highlighting the responsibility of governments to work together to combat piracy. As piracy develops into a maritime boundary conflict, the international community must constantly seek to improve legal frameworks, strengthen joint efforts, and find a middle ground between security concerns and following established legal standards. Fighting piracy is a worldwide issue; it is everyone’s duty to ensure the safety of the seas and enforce the rule of law, regardless of their country’s interests.

FUTURE FOR THE MARITIME BOUNDARIES DISPUTES

Numerous problems, including piracy, economic special zones, and territorial disputes, might arise in the future as a result of maritime boundaries. Disputes in these vital marine regions are becoming more likely due to a number of variables, including shifting geopolitical and economic dynamics on a global scale. 

Piracy is still a major factor that might spark conflicts in the future. States must adjust their security measures in response to the growing sophistication of pirate tactics made possible by technological breakthroughs. Disputes may emerge about the employment of private security organisations, the jurisdictional reach of operations to prevent piracy, and the division of duties among neighbouring states in this global threat. 

As the demand for ocean resources continues to rise, economic special zones, and Exclusive Economic Zones (EEZs) in particular, are more likely to become the source of conflict. In the context of international conflicts over the exploration and exploitation of marine resources, the environmental impact, fishing rights, and oil and gas reserves are all possible grounds of disagreement. The legal frameworks that govern economic zones may be put to the test, and they will need to be modified in order to take into account the shifting dynamics of the resources.

It is imperative that the international community take the initiative and collaborate in order to arrive at a solution to these potential disputes. In order to solve the issues that are posed by piracy, economic special zones, and territorial conflicts in the constantly shifting marine environment, it is of the utmost importance to enhance legal frameworks, increase diplomatic discourse, and promote cooperation in maritime security.

CONCLUSION

The issue of piracy is a global concern, and this article has examined the intricate legal framework of maritime border zones in an attempt to unravel it. The research examines the origins and present forms of piracy to emphasise the significant challenges faced by governments, international organisations, and the maritime industry in their efforts to prevent and mitigate this persistent menace. The intricacy surrounding the prosecution and adjudication of pirates stems from several factors, including as the challenges in collecting evidence, the legislation governing the transportation of individuals across borders, and the role played by specialist international tribunals. Research indicates that regions crucial for global trade and transportation require robust legislative frameworks to combat piracy.

This study focuses on the potential dangers associated with border areas that have overlapping jurisdictional boundaries. It investigates the correlation between piracy and maritime borders. The intricate legal challenges of determining jurisdiction and imposing penalties on these offenders pose significant hurdles, particularly when international waters become a battleground for pirates. Comprehending the intricacies of jurisdiction is crucial for effectively using the rules of UNCLOS, a fundamental treaty, to address the issue of piracy. The article explores the many impacts of piracy on the economy, insurance, and security of the marine sector. This research aims to aid in combating piracy and safeguarding global seas by analysing the many aspects of this crime to acquire insights into the legal issues in areas with maritime boundaries. The article emphasises the significance of international law in the establishment and safeguarding of maritime boundaries. It outlines the foundation of international law, which encompasses territorial seas, continental shelves, contiguous zones, exclusive economic zones, and inland waterways. The process of creating and resolving maritime boundaries and associated conflicts involves the use of various instruments such as negotiations between two parties, international tribunals, and third-party arbitration services.

Ultimately, the article emphasises the utmost need of international collaboration and proactive measures in addressing the intricate challenges arising from piracy in ports and other maritime border regions. Enhancing legal frameworks, fostering collaboration, and implementing innovative solutions are essential for enforcing global rule of law, ensuring marine security, and safeguarding the oceans.

REFERENCES

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https://www.oxjournal.org/international-law-of-the-sea-modern-environmental-looting-piracy/

• The Maritime Dimension of International Security: Terrorism, Piracy, and Challenges for the United States, Peter Chalk, ISBN 9780833042996, 1st ed.,(2008)
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• This article was orginally written by United Nation published on un.org the link for the same is herein. 

https://www.un.org/ruleoflaw/thematic-areas/transnational-threats/piracy/#

• This article was originally written by Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, United Nations published by un.org the link for the same is herein. https://www.un.org/depts/los/piracy/piracy.htm
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