The document discusses key issues surrounding the MV Tampa incident, including Australia's closure of its territorial sea to the Tampa, the Tampa entering Australian waters while responding to a search and rescue operation, and the boarding of the Tampa by Australian special forces. It analyzes the incident in the context of the UN Convention on the Law of the Sea and international law governing search and rescue operations, innocent passage, and a coastal state's rights regarding foreign vessels in distress within its territorial waters. The document ultimately questions whether Australia's actions were justified under international maritime law.
The document discusses key issues surrounding the MV Tampa incident, including Australia's closure of its territorial sea to the Tampa, the Tampa entering Australian waters while responding to a search and rescue operation, and the boarding of the Tampa by Australian special forces. It analyzes the incident in the context of the UN Convention on the Law of the Sea and international law governing search and rescue operations, innocent passage, and a coastal state's rights regarding foreign vessels in distress within its territorial waters. The document ultimately questions whether Australia's actions were justified under international maritime law.
The document discusses key issues surrounding the MV Tampa incident, including Australia's closure of its territorial sea to the Tampa, the Tampa entering Australian waters while responding to a search and rescue operation, and the boarding of the Tampa by Australian special forces. It analyzes the incident in the context of the UN Convention on the Law of the Sea and international law governing search and rescue operations, innocent passage, and a coastal state's rights regarding foreign vessels in distress within its territorial waters. The document ultimately questions whether Australia's actions were justified under international maritime law.
Maritime Search and Rescue operation Australias closure of its Territorial Sea to the Tampa Tampas entry into the Christmas Island territorial sea in distress Boarding of the Tampa by SAS
Law of the Sea
Development of the Law of the Sea
1982 UN Convention on the Law of the Sea (UNCLOS)
Australia, Indonesia and Norway all
parties
Recognition of Maritime Zones
Territorial Sea Contiguous Zone EEZ High Seas
Search and Rescue
Operation
1979 International Convention on Maritime
Search and Rescue
Coordinates SAR operations
Role of the Coastal State Australian/Indonesian SAR Zone SAR ship obligations: LOS Art 98
To rescue persons in distress
Responsibility for the Rescuees
Flag State/Coordinating State/Coastal State?
Closure of Australias Territorial Sea
Right of a Coastal State to close its
Territorial Sea LOS Convention: Art 25 (3)
The Coastal State may, without
discrimination in form or in fact among foreign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security
Closure of Australias Territorial Sea
Australias port closure for Tampa
Any justifiable grounds? Vessel not engaging in innocent passage
Conformity with Article 25 (3)
Specific closure for a single ship Essential for the protection of security?
Tampa has engaged in humanitarian
SAR operation
The Tampa in Distress
Who determines a vessel is in
distress? Can such a claim be legitimised? Rights of vessels in distress Customary international law LOS Convention: Art 18 (2)
Was the Tampa in distress?
Excessive passenger load following SAR Health and sanitary conditions
SAS Boarding of Tampa
SAS Boarding of Tampa
Was the Tampa engaging in Innocent
Passage? The meaning of Innocent Passage: LOS Art 18, 19 Passage which is not innocent
Art 19 (2) (g): the unloading of any
person contrary to the immigration law and regulations of the coastal State
Status of the Tampa in distress
SAS Boarding of Tampa
Rights of protection of the coastal
State LOS Convention: Art 25 The coastal State may take the necessary steps in its territorial sea to prevent passage which is not innocent Legitimacy of the use of military force Which right prevails?
The Law of the Sea
Balance Sheet
Tampa conformed with its international
obligations Australias basis for closing its territorial sea doubtful Australias failure to adequately respond to a ship in distress SAS Boarding of Tampa an excessive use of force Australias image as a good international citizen