recommendations and guidance developed by the Organization for preventing and
suppressing piracy and armed robbery against ships.
83
The provisions of the IMO guidelines reflects the position under customary law of
the sea as it relates to flag and coastal state jurisdiction over vessels.
84 The Flag State
Recommendations (Cir. 1406/Rev. 3) states that whether or not, and under what
conditions a vessel embarks armed personnel and their equipment is a decision of the
flag state.
85 Cir. 1406/Rev. 3 identifies with a possible concurrent jurisdiction of
coastal and port states in territorial waters.
86 It enjoins flag states to make adherence
to relevant policies on the use of PCASPs, including those of port and coastal states,
as an obligation on parties.
87 The Port and Coastal State Recommendation (Cir.
1408/Rev.1) requests that ‘member governments . . . should have in place relevant
Fig. 1 Graphic representation of the development of the IMO Interim Guidelines
83 MSC.1/Circ. 1406/Rev.3, explanation 6; MSC.1/Circ. 1405/Rev.2, explanation 5.
84 Van Hespen (2014), p. 363.
85 MSC.1/Circ.1406/Rev.3, Annex 1 par. 2.
86 MSC.1/Circ. 1406/Rev.3, Annex 1 par.4.
87 MSC.1/Circ. 1406/Rev.3, Annex 1, par.4.
Private Maritime Security Companies Within the International Legal. . .
187