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MARINE | Seizure of vessels In association with Skuld
Seizure: A sovereign right? Ruby Hassan, Assistant Vice President, Claims at Norwegian marine insurer Skuld explains the complex international law surrounding the seizure of vessels The Marine Insurer | March 2022
The Togo flagged tanker, Noor One, was found to be smuggling more than two tonnes of heroin into Greece. The ship was detained and all 11 crew members were arrested. Photo courtesy Hellenic Coast Guard.
An extensive regime of laws applies in relation to activities which take place in, over and under the sea. The way in which jurisdiction is bordered at sea is by designating certain maritime zones in which coastal states have certain rights and by retaining the concept of sovereign jurisdiction of vessels in the form of flag state jurisdiction. Some are universal and apply to all states. Some are regionally applied by geographic region and some are bilaterally applied to two states which have agreed to the laws. While there are the state’s own laws, the United Nations Convention on the Law of the Sea 1982 (UNCLOS) has been sufficiently accepted to be considered customary international law and therefore binding even on states which are not signatories. Although states also have some jurisdiction beyond the territorial sea, there are caveats to be applied. UNCLOS
