CRIMES IN INTERNATIONAL WATERS

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Iara Cristina Silveira
Carolina Daltoé

Abstract

The United Nations Convention on the Law of the Sea (UNCLOS), signed in 1982, establishes a global legal framework for the regulation of the oceans, encompassing issues from sovereignty and natural resource management to environmental protection and dispute resolution. This international treaty delineates maritime zones, assigning specific rights and responsibilities to states in territorial waters, exclusive economic zones (EEZs), and international waters. The principle of the freedom of the seas, essential for the high seas, ensures navigation, fishing, and scientific research but also poses significant challenges in terms of law enforcement and governance. In international waters, jurisdiction is generally determined by the flag the ship flies, which allows for the existence of ships under flags of convenience, complicating control and oversight. This situation is exacerbated by the vastness of the ocean and the limited surveillance capacity of states, resulting in crimes such as piracy, human trafficking, and illegal fishing. Effective resolution of these issues requires robust international cooperation and enhanced enforcement mechanisms, which remain persistent challenges for global ocean governance.


 


Keywords: International waters, maritime law, freedom of the seas

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