Broken Taillight at Sea: The Peacetime International Law of Visit, Board, Search, and Seizure

Ocean and Coastal Law Journal, Vol. 16, pp. 1-45, 2010

46 Pages Posted: 9 May 2011

See all articles by James Kraska

James Kraska

Stockton Center for International Law, U.S. Naval War College; Harvard University - Harvard Law School; University of California Berkeley School of Law; Council on Foreign Relations (CFR)

Date Written: December 31, 2010

Abstract

The interception and boarding of a ship during peacetime involves the physical act of intercepting a vessel, which may include approaching and querying the ship (approach and possibly visit), stopping the vessel, sending a boarding team onto the ship (board), conducting an inspection or search of the ship and its cargo (search), and potentially apprehending persons on board and confiscating the ship or cargo (seizure). Maritime interception against suspect vessels may be conducted in consensual, permissive, or non-permissive environments, and in a wide variety of circumstances. Consequently, legal analysis for MIO and VBSS can become complex because it involves addressing two questions of mixed fact and law.

Suggested Citation

Kraska, James, Broken Taillight at Sea: The Peacetime International Law of Visit, Board, Search, and Seizure (December 31, 2010). Ocean and Coastal Law Journal, Vol. 16, pp. 1-45, 2010, Available at SSRN: https://ssrn.com/abstract=1830141

James Kraska (Contact Author)

Stockton Center for International Law, U.S. Naval War College ( email )

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HOME PAGE: http://https://www.usnwc.edu/Academics/Faculty/James-C--Kraska.aspx

Harvard University - Harvard Law School ( email )

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University of California Berkeley School of Law ( email )

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HOME PAGE: http://https://www.law.berkeley.edu

Council on Foreign Relations (CFR) ( email )

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