Patrolling the boundaries of Coastal State Enforcement Powers: The interpretation and application of UNCLOS safeguards relating to the arrest of foreign-flagged ships

The United Nations Convention on the Law of the Sea (UNCLOS) established a new «legal order for the seas and oceans», which dictates the extent of states’ rights and obligations at sea. One of the central issues in the negotiation of UNCLOS was the extent of coastal states’ legislative and enforcement jurisdiction. The Convention often subjects those powers to explicit limitations or conditions that seek to prevent the coastal state from interfering with legitimate activities. These safeguards were specifically negotiated and the precise limitations or conditions that apply will depend upon the nature of the enforcement power and where it is being exercised. This article offers a critical analysis of the key trends in the recent case law in which such safeguards have been interpreted and applied, and in performing this role, how courts and tribunals have developed the balance of rights and obligations implicit in the Convention.