Forcible acts by states towards non-state actors operating in disputed waters: beyond the limits of international law?

Pappa, Marianthi

Abstract

The obligation of States to not use force against other States is well established in international law both on land and at sea. Unless authorized by the United Nations Security Council or based on self-defence, non-compliance with this rule is a breach of international law and may give rise to State responsibility for wrongful act. The same cannot be argued about States’ behaviour towards non-State actors. An example comes from the area of contested waters, where private oil companies authorized by one of the disputing States may be forcibly evicted or have their personnel detained by the other disputant with acts which exceed the limits of law enforcement. International law of the sea fails to determine the legality of such behaviour and the means by which the affected private actor may respond. But insofar as the law does not explicitly oblige States to respect private actors and prevents the latter from submitting personal claims to international fora, private interests in contested waters will remain unprotected against unlawful State acts.

Citation

Pappa, M. (2019). Forcible acts by states towards non-state actors operating in disputed waters: beyond the limits of international law?. Legal Issues Journal, 7(1),

• Journal Article Type: Article
• Acceptance Date: Aug 9, 2018
• Online Publication Date: Jan 15, 2019
• Publication Date: Jan 15, 2019
• Deposit Date: Oct 12, 2018
• Publicly Available Date: Jul 16, 2019
• Publisher: UKLSA
• Peer Reviewed: Peer Reviewed
• Volume: 7
• Issue: 1
• Keywords: use of force; private operations; disputed waters; international wrongful acts
• Public URL: https://nottingham-repository.worktribe.com/output/1138098
• Publisher URL: http://www.legalissuesjournal.com/article/1152/
• Related Public URLs: http://www.legalissuesjournal.com/
• Contract Date: Oct 12, 2018