The Peacetime Right of Approach and Visit and Effective Security Council Sanctions Enforcement at Sea

Abstract

UN Security Council sanctions against North Korea restrict the import or export of weapons and a broad array of other products, including coal and oil. North Korea has resorted to a variety of deceptive shipping practices to avoid those sanctions. So far, the Security Council has declined to authorize maritime patrol vessels to board foreign vessels on the high seas to verify their compliance with the sanctions. This article suggests that the Council should consider adding an authorization for the patrol forces to conduct a limited "Right of Approach" in its future resolutions. The Right of Approach would be conducted in accordance with Article 110 of the UN Convention on the Law of the Sea,

Keywords: UN Security Council, North Korea, DPRK, Proliferation Security Initiative, Law of the Sea, Maritime Law Enforcement, Vessels, Sanctions, Maritime Interdiction, Navy, Shipping, UNCLOS, Law of the Sea, Right of Approach

JEL Classification: F10, F51, F52, K14, K33, L91