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28/08/2018

The use of coercive measures against the risks and threats arising from illegal activities at sea on the horizon 2050.-Julio Jorge Urbina

This document examines the means of action available to the State to prevent the proliferation of illicit activities at sea by criminal groups of a transnational nature. The law of the sea attributes police powers to state authorities to ensure respect for the law in maritime spaces and fight against these threats. In certain circumstances, it allows the interception of vessels engaged in these illicit activities. For this purpose, the authorities may adopt coercive measures, including the use of force in the most extreme cases. However, the inadequacies and ambiguities of the law of the sea diminish the effectiveness of the action of the State at sea and encourage the activities of these criminal groups. To avoid this situation, States must adopt a multilateral approach and must have clear rules and operating procedures, provide legal certainty to State agents responsible for prosecuting these illegal activities, and greater coordination among State agencies empowered to exercise maritime law enforcement functions.

Author:  Julio Jorge Urbina

THIS DOCUMENT IS ONLY AVAILABLE IN SPANISH LANGUAGE.

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