Tarptautinio jūrų transporto apsaugos nuo užpuolimų jūrose reglamentavimas tarptautinėje teisėje

Abstract

In this paper author analysis the security of international maritime transport with regard to unlawful acts of aggression in seas. The author gives the analysis of international and regional treaties, related with international maritime transport safety, determines the essential problems and particularities of international cooperation, as well, marks the main trends in this field. The extent of attacks in seas as the threat to maritime security is evaluated and the historical development of the legal determination in international law is reviewed, as well, as the current determination of such threats. The finding is made that only the definition of piracy is exact, but at the same time it is narrow, excluding such forms of attacks as attacks in ports and territorial waters, ship-phantoms, terrorist and environmentally extremist acts, as well as state supported piracy. Such legal gaps are filled in by other legal acts, but only partially. Author states that current legal formulation and affirmation of the attacks‘definitions does not allow effectively combat their contemporary forms – it is not possible to apply the protective measures of international level for attacks not fitting into piracy definition, as well as to apply the principle of universality. In the paper the particular legal norms of international law acts (UNCLOS, Roma Convention, SOLAS and its ISPS code), those provide possibilities to assure maritime transport security, are being analyzed. The author marks their strengths and weaknesses. In the context of effective fight against terrorist acts the right of self-defense, affirmed in UN Charter, is evaluated as the basement for legitimate intervention into the territorial waters of other state. The author evaluates possibility to fullfill the gaps of international legal regulation with the regional and bilateral agreements between interested states, reviews latest initiatives in this context. It is stated that such cooperation may operatively resolve some important problems of interstate interaction and legal regulation. The role of international institutions, participating in assurance of international amritime tranport security, is evaluated, as well, as their recommended protective measures.