Part IV Maritime Security and Global Ocean Governance, 9 The Application of Force as an Aspect of Global Ocean Governance

Abstract

This chapter examines the concept of ‘force’ as invoked in public international law more generally and in Article 301 of the United Nations Convention on the Law of the Sea (UNCLOS) more specifically, with emphasis on its application as an aspect of global ocean governance. Article 301 adopts the formulation of the prohibition of force contained in the Charter of the United Nations, but a variation of this formulation can also be found in the definition of ‘innocent passage’ contained in Article 19(2) of UNCLOS. The chapter considers the scope of this prohibition and the actions — or activities — it was designed to address as well as the occasions when UNCLOS envisages some form of physicality or physical interposition by States occurring outside their respective jurisdictions. It also discusses the threat as well as the use of force as spelled out in Article 2(4) of the UN Charter, along with emerging themes for ocean governance.