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A Study on Russian Laws and Practice regarding the Use of Force against Illegal Fishing Foreign Vessels in the EEZ

  • DONG-A LAW REVIEW
  • 2017, (74), pp.165-194
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : December 30, 2016
  • Accepted : February 24, 2017
  • Published : February 28, 2017

Sung, Dae-Hoon 1

1국민안전처

Accredited

ABSTRACT

In the EEZ of the coastal state, law enforcement officers were killed by violent resistance of illegal foreign fishermen. Also, there have been fatal shooting incidents of fishermen by a firearm of police officers during physical allegations. In particular, there was a case where foreign fishing vessels speed boat boarded coastguard search team of the coastal states was jammed and sunk. After these incidents, the coastal states announced that they would use crew-served weapons, and the flag state made a diplomatic stance that coastal state should stop violent law enforcement. The Convention on the Law of the Sea reaffirms the Charter of the United Nations, while encouraging the peaceful use of the oceans for the establishment of laws and regulations on the oceans. The Convention stipulates refraining from the use of force referred in the Charter, but is silent about the ‘use of force’ that may arise in the course of law enforcement. According to the general principles of international law, international precedents, and national practices regarding the use of force and the right of hot pursuit during the law enforcement of coastal states against alleged illegal foreign vessels. It is not prohibited the use of force in the sea, but should be avoided it possible. When unavoidable, the degree of forcet should not exceed the necessary level, and the dignity of life should be valued. The Russian maritime regulations well reflect the general principles of international law, international norms and practices. However, there is criticism that it is taking excessive measures against illegal foreign ships. It is necessary to revise laws and regulations in accordance with international standards and to improve the enforcement procedures so that both fishermen and enforcement officers do not become casualties.

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