Maritime Security

The ARA Libertad Case (Argentina v. Ghana) is the first instance where the International Tribunal for the Law of the Sea (ITLOS), Hamburg, Germany considered the issue of the release of a warship which was detained in a foreign port contrary to the principles of sovereign immunity of warships. The Argentinian warship was detained based on a commercial case filed by an American hedge fund against Argentina in the Ghanaian Court.

This article analyses the alteration of the referent object for maritime security from protection of shipping and port facilities to protection of citizens and national economies. It presents a tentative answer on the extent and consequences of this alteration applied by states in a global perspective, and focuses on validating four explanatory factors on why the alteration has occurred. The time period of study is between 1991 and 2013.

Because of global warming, the thinning ice in the Arctic is opening up the region for navigation for a few months in the summer season. The Arctic littoral countries (Canada, Norway, Denmark [Greenland], Russia and the United States), shipping companies and several other stakeholders (the EU and Asian countries such as China, Japan, Singapore and South Korea) are closely tracking shipping related developments in the Arctic and developing strategies to exploit the Northern Sea Route (NSR).

A ‘pearl’ could be viewed as a sphere of influence seeded, secured and maintained through the use of economic, geopolitical, diplomatic or military means. The ‘string of pearls’ is about China’s unambiguous maritime strategy that investments in increasing its sea power. This is essentially a multi-pronged strategy that challenges dominant US interests in the Indian Ocean and sends a clear message to India that the Indian Ocean is not India’s ocean by increasing the dependence of the littoral states in the region on China.

China seems to have made this move to strengthen its claim to disputed marine territories by conducting “surveys” which a country normally does in its own territory.

The end of the Cold War resulted in a fundamental swing from a navy designed to engage a blue water battle fleet to one focused on forward operations in littoral waters. The Cold War era had fuelled massive research and development (R&D) in design of sonars that was able to substantially minimize the uncertainties of the underwater environment. The shift of the naval theatre to the littoral waters led to a paradigm change in terms of technology requirements to retain the effectiveness of these sonars.

The issuance of these ordinances will not only add to the growing tensions in the disputed areas, specifically the South China Sea, but also add to the growing suspicions about Chinese intent.

Coincidentally or not, China’s maritime disputes with its neighbours in the littoral have been gaining global attention ever since Obama’s announcement in January 2012 of his country’s “pivot” strategy in the Asia-Pacific.

INS Sudarshini is undertaking the goodwill mission to commemorate 20 years of friendship between India and the Association of South East Asian Nations which falls in December 2012.

The cornerstone of international law is ‘applicability of law based on consent’. Being bereft of any legislative machinery to legislate international law in the international sphere, the statute of the International Court of Justice (ICJ) adumbrates ‘treaty, customary international law and general principles of law, etc.’, as the sources of international law. Treaties (both bilateral and multilateral) formulation, however, is one such mechanism of codification of international law in which consent is given explicitly to a rule of international law.