Chapter 13
Maritime Surveillance of the EU External
Sea Borders: Extensive Approaches
and Operational Challenges
to the Principles of Coastal and Flag State
Jurisdiction in Italy
Marco Fantinato
Abstract During joint operations in the Mediterranean, the European Border and
Coast Guard agency (Frontex) has contributed to the implementation and development of the law of the sea. Under Frontex-led activities, frontline Member States
such as Italy have encouraged an extensive interpretation of the United Nations
Convention on the Law of the Sea provisions to extend the application of enforcement powers on the high seas. However, in an effort to intercept foreign ships
suspected of having disembarked migrants on the Italian shores, border guard
authorities started to intercept those ships directly on the high seas. Since these
interception measures could have a significant impact on the freedom of navigation
on the high seas, these practices should always find their legal basis in the key
principles enshrined in the law of the sea and in other international law instruments.
Against this backdrop, this essay firstly focuses on the existing provisions
regulating flag State jurisdiction, right of visit and right of hot pursuit in migrant
smuggling operations on the high seas. Secondly, this analysis presents the evolution
of the exercise of coastal State jurisdiction through the development of maritime
interception practices adopted during Frontex operations. In the last part, accountability and responsibility during these maritime operations will also be discussed.
The aim of this chapter is to present extensive legal approaches in the exercise of
coastal States’ jurisdiction while highlighting a recent trend in using interception
measures that could potentially affect the principle of exclusive flag State jurisdiction on the high seas.
M. Fantinato (*)
Guardia di Finanza, Rome, Italy
© Springer Nature Switzerland AG 2020
M. C. Ribeiro et al. (eds.), Global Challenges and the Law of the Sea,
https://doi.org/10.1007/978-3-030-42671-2_13
221
Maritime Surveillance of the EU External
Sea Borders: Extensive Approaches
and Operational Challenges
to the Principles of Coastal and Flag State
Jurisdiction in Italy
Marco Fantinato
Abstract During joint operations in the Mediterranean, the European Border and
Coast Guard agency (Frontex) has contributed to the implementation and development of the law of the sea. Under Frontex-led activities, frontline Member States
such as Italy have encouraged an extensive interpretation of the United Nations
Convention on the Law of the Sea provisions to extend the application of enforcement powers on the high seas. However, in an effort to intercept foreign ships
suspected of having disembarked migrants on the Italian shores, border guard
authorities started to intercept those ships directly on the high seas. Since these
interception measures could have a significant impact on the freedom of navigation
on the high seas, these practices should always find their legal basis in the key
principles enshrined in the law of the sea and in other international law instruments.
Against this backdrop, this essay firstly focuses on the existing provisions
regulating flag State jurisdiction, right of visit and right of hot pursuit in migrant
smuggling operations on the high seas. Secondly, this analysis presents the evolution
of the exercise of coastal State jurisdiction through the development of maritime
interception practices adopted during Frontex operations. In the last part, accountability and responsibility during these maritime operations will also be discussed.
The aim of this chapter is to present extensive legal approaches in the exercise of
coastal States’ jurisdiction while highlighting a recent trend in using interception
measures that could potentially affect the principle of exclusive flag State jurisdiction on the high seas.
M. Fantinato (*)
Guardia di Finanza, Rome, Italy
© Springer Nature Switzerland AG 2020
M. C. Ribeiro et al. (eds.), Global Challenges and the Law of the Sea,
https://doi.org/10.1007/978-3-030-42671-2_13
221