ABSTRACT
The inescapable truth of the criminalisation phenomenon must be applied within the concept of sovereignty; in other words, if the law in question is implemented by the judicial process of a sovereign State, it may not be justice, but it is the law, and it is this tension between justice and fairness which has brought the topic of criminalisation to the top of the maritime agenda. It is crucial, therefore, to examine in more detail how sovereign jurisdictions have developed their process, leading to the Master’s criminalisation, which is illustrated through cases studies that give a clear picture of the use and abuse of prosecutions. The struggles associated with States emerging onto the maritime stage must also be addressed in this context, for their legal processes do not share the same development as the rest of the maritime world; some focus on China is a particular imperative.
