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Journal of Conflict and Security Law 2008 13(1):49-91; doi:10.1093/jcsl/krn021
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© Oxford University Press 2008; all rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org

Maritime Law Enforcement and the Use of Force: Reflections on the Categorisation of Forcible Action at Sea in the Light of the Guyana/Suriname Award

Patricia Jimenez Kwast*

* Research Associate, Netherlands Institute for the Law of the Sea (NILOS), Utrecht University School of Law; currently DPhil candidate at the University of Oxford.

Correspondence: E-mail: patricia.jimenezkwast{at}law.ox.ac.uk.


  Abstract

The distinction between maritime law enforcement and the use of force at sea is as intricate in law as it is fundamental in practice. Many international legal aspects regarding the determination of the nature of forcible measures against foreign ships at sea have remained largely unexplored. The Guyana/Suriname Arbitration has been significant in this respect since the Tribunal has had to consider some important questions involving the categorisation of forcible action at sea. With an emphasis on the recent Guyana/Suriname Award, this article offers some preliminary reflections on what may be considered to be key aspects of the distinction between maritime law enforcement and the use of force at sea.

The author is grateful to all persons that have kindly provided valuable comments on an earlier draft.


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