In 1929, the US Coast Guard sank the vessel I’m Alone, a British ship of Canadian registry, for an alleged violation of the liquor prohibition rules. The I’m Alone arbitral award between the United States and Canada laid the foundations. 2) case, “ the UNCLOS does not contain express provisions on the use of force in the arrest of ships.” Therefore, case law provides the applicable principles for analysis. Although this is a quite common phenomenon, as the ITLOS also pointed out in the M/V Saiga (No.
Use of Force at Sea: A Borderline JurisprudenceĬoastal States, to implement their maritime legislations, sometimes employ armed force during MLE operations. Finally, this paper will present the view that the application of LONW is not purely a legal matter, the context plays a more significant role in determining the applicable law. Next, the second part will look for an answer to the question of whether LONW would be applicable in MLE operations, especially in disputed maritime areas. The first part will present the conditions of the lawful use of armed force during MLE operations, with examples from the case law. Thus, the current fisheries dispute between France and the UK is not included in this paper. This article will primarily deal with the relationship between the use of force in the context of maritime law enforcement (MLE) and the possible application of the law of naval warfare (LONW) in similar incidents, with a specific focus on the Jersey Incident on 6 May. As of 19 October, the French government gave a deadline of two weeks so that more fishing licenses would be granted, under the threat of sanctions towards Jersey and the UK. Helier and the tensions eased, but the legal controversy remains. At the end of the day, French fishing vessels left St. However, small violent actions took place such as the ramming of a British vessel by a French boat, and the firing on the protesting French vessels with a musket by a Jersey Militia re-enactment group member.
During this demonstration, described in British press as a “blockade,” the UK sent two Royal Navy warships to Jersey “as a precaution”, along with two French coastal patrol ships to monitor the situation. Helier port of Jersey to protest the new fisheries regulations. On, about 50 French fishing vessels gathered in the St. These new requirements caused harsh reactions on the French side, including French fishermen threatening to blockade the island, and warnings by the French Minister of the Seas, Annick Girardin, to cut the electricity to Jersey as retaliation. After the post-Brexit trade deal on 24 December 2020, the government of Jersey, a self-governing Crown dependency, issued new licenses and restrictions for French fishing vessels operating in its territorial sea. Post-Brexit fisheries disputes between the UK and France broke out over the island of Jersey’s territorial waters in an unprecedented way.
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