ABSTRACT

This chapter aims to identify the limits of State's enforcement jurisdiction arising from international treaties and jurisprudence of international tribunals. In order to identify the limits of the use of force applicable to the maritime enforcement measures, the United Nations Convention on the Law of the Sea tribunals has frequently applied the rules of international law different from the Convention. The human rights law applies to the maritime law enforcement operations put in place in the zones under the sovereignty of the States Parties, such as ports, internal waters and territorial sea. Most human rights treaties consider ‘jurisdiction’ as a parameter to define their scope of application. The notion of jurisdiction is essentially territorial, but in exceptional cases could be extraterritorial. Several human rights bodies and mechanisms have examined cases concerning use of force by security officers, identifying the limits within which they may conduct law enforcement operations.