Lecture summary: After the conclusion of the United Nations Convention on the Law of the Sea and the entry into force of its Article 108, the subject of maritime crimes has experienced many important developments. Indeed, at present, States have to deal with criminal actions which did not exist in the classical International Law of the Sea. Relevant examples include kidnapping and hostage-taking at sea, maritime terrorism offences, the smuggling of migrants by sea, illicit oil and fuel illicit activities in the maritime domain and the maritime crime of illicit traffic in narcotic drugs and psychotropic substances by sea.

The issue of jurisdiction to fight this type of maritime crimes may be complex, especially when the flag State does not respect its duties under the International Law of the Sea. Practice has shown that difficulties in acting can be particularly stormy when dealing with the fight against the maritime crime of illicit traffic in narcotic drugs and psychotropic substances by sea.

In these terms, the starting point for a contemporary analysis of the issue of interdicting ships without nationality in relation to maritime crimes can be a question of a general nature: when fighting against illicit drug trafficking must the principle of the exclusive jurisdiction of the flag state really be considered untouchable?

Professor Fernando Loureiro Bastos is Associate Professor of Public Law at the Faculty of Law, University of Lisbon. He is Head of the Research Group on International and European Law of the Lisbon Public Law Research Centre and President of the Portuguese Society of International Law (Portuguese Branch of the International Law Association) and a member of the ILA Committee on International Law and Sea Level Rise. He has served as Co-Agent and Counsel of the Republic of Guinea-Bissau, Case 19 – M/V “Virginia G”, ITLOS (2011-2014).

Commentator: Dr Tor Krever, ‘Piracy as a maritime crime’.

Chair: Mr Stratis Georgilas (G-H Law Chambers, Athens)