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  

James Kraska

Stockton Center for the Study of International Law, U.S. Naval War College; University of Virginia School of Law, Center for Oceans Law & Policy; University of Virginia School of Law, Center for National Security Law; University of California Berkeley School of Law; Foreign Policy Research Institute (FPRI)

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 the Study of International Law, U.S. Naval War College ( email )

686 Cushing Rd.
Newport, RI 02841
United States
(401) 841-1536 (Phone)

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

University of Virginia School of Law, Center for Oceans Law & Policy ( email )

580 Massie Road
Charlottesville, VA 22903
United States

University of Virginia School of Law, Center for National Security Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

University of California Berkeley School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720
United States

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

Foreign Policy Research Institute (FPRI)

1528 Walnut Street
Ste 610
Philadelphia, PA 19102
United States

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