The Affect of Privately Contracted Armed Security Personnel on Navigational Rights in the Territorial Sea of Foreign States

Abstract

In reaction to increasing piracy and armed robbery at sea States have established safety corridors in order to protect merchant ships from attacks. However, vessels cannot be protected everywhere at all times. Therefore, ship owners and operators started to use privately contracted armed security personnel on board their ships, especially in areas with a high risk of attack. Regulation concerning the use of private armed guards still lacks international harmonization. This thesis addresses the question as to whether the presence of privately contracted armed affects the navigational rights of the vessels carrying them while navigating foreign territorial waters. The two navigational rights which will be dealt with are the right of innocent passage and transit passage. It will be concluded that the presence of private armed guards on board merchant ships does neither affect the right of innocent passage, nor the right of transit passage. Nonetheless, articles 21 and 42 LOSC provide coastal States with the power to adopt laws and regulations regarding arms entering their territorial sea. This has consequences for privately contracted armed security personnel, who may have to stow away their arms and ammunition while navigating through foreign territorial waters.