Chapter

Interception on the high seas in the context of peace and security : the right of visit in cases of armed conflict and Security Council's action

Efthymios Papastavridis

The interception of vessels on the high seas : contemporary challenges to the legal order of the oceans

Oxford ; Portland : Hart, 2013

p. 83-112

English

This chapter discusses a series of recent cases where either the belligerent right of visit was applied or the interdiction operations were mandated by the UN Security Council. The author argues that it is legally more justifiable to classify such interdiction operations under the rubric of the law of naval warfare, rather than under the jus ad bellum and the right of self-defence, this being more congruent with the basic tenet of "la juridicité" of the high seas, as well as with the fundamental principle of legal certainty under general international law.

• The interception of vessels on the high seas : contemporary challenges to the legal order of the oceans / Efthymios Papastavridis