Austin Deasy
Question:76 Mr. Deasy asked the Minister for Foreign Affairs if he will outline who is responsible for the maintenance of law and order outside the 12 mile territorial limit but within the 200 mile economic zone in our coastal waters.
Written Answers. - Policing of Coastal Waters.
The general principles governing the use of the sea and its resources are part of long-established customary law and numerous international treaties dealing with particular aspects of the law of the sea.
In the waters beyond the 12 mile territorial sea, high seas freedoms apply. That means that these waters are open to vessels of all states. Ships in these waters are required to exercise the freedom of the high seas with due regard for the rights of other users of these waters.
High seas freedoms are subject to certain exceptions within the 200 nautical mile zone. These exceptions relate in particular to those resources over which the coastal state has exclusive jurisdiction— these include living resources such as fish and non-living resources such as oil.
The general rule under international law regarding the maintenance of law and order on the seas is that it is the duty of the flag state, wherever the vessels may be, to exercise its jurisdiction and control at all times over ships flying their flag.
The duty of the flag state derives from its responsibility for the good order of vessels of its registry. The duty of the coastal state derives from its right to the resources within the 200 mile zone.
Unless an activity relates to its resources within 200 nautical miles the coastal state has no greater authority than any other state with regard to foreign vessels and may only intervene if it believes a vessel is engaged in piracy, the slave trade, unauthorised broadcasting or that a vessel is without nationality.
Responsibility for the maintenance of law and order, therefore, falls in the ways I have outlined to both the flag state of the vessel and to the coastal state within whose 200 mile zone the vessel is operating.