Maritime Law Enforcement and the Use of Force: Reflections on the Categorisation of Forcible Action at Sea in the Light of the Guyana/Suriname Award

Abstract

The distinction between maritime law enforcement and the use of force at sea is as intricate in law as it is fundamental in practice. Many international legal aspects regarding the determination of the nature of forcible measures against foreign ships at sea have remained largely unexplored. The Guyana/Suriname Arbitration has been significant in this respect since the Tribunal has had to consider some important questions involving the categorisation of forcible action at sea. With an emphasis on the recent Guyana/Suriname Award, this article offers some preliminary reflections on what may be considered to be key aspects of the distinction between maritime law enforcement and the use of force at sea.