The application of the Law of the Sea to the EU legal system and its implications for European Defence

States have long been considered the primary, but not only, subjects of International Law. To be considered a State, Article 1 of the Montevideo Convention (1933) sets out four criteria: a permanent population, a defined territory, a government, and the capacity to enter into relations with other states (Montevideo Convention, 1933). A State's sovereignty is here limited to its territory, over which its legal system has complete jurisdiction. However, defined territory is not uncomplicated, as States control their airspace and have a border to outer space, and coastal State’s territory encompasses maritime zones surrounding their land (Gioia, 2019). This article analyses the International and European legal framework regulating States in their maritime areas. Then, it will focus on the interaction between those legal sources and their implications for European Defence.

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Approaching the 10th Anniversary of Yaoundé – Lessons for Regional Actors in Securing Meaningful Peace in the Gulf of Guinea

This Info Flash approaches the Yaoundé Code of Conduct and its Architecture, taking stock of their impact on maritime security and safety in the Gulf of Guinea. The Code is a multilateral maritime security framework that coordinates State and regional involvement in combatting piracy, kidnapping and robbery in the Gulf of Guinea (Code, 2013, p. 1). To complement this strategy, the EU adopted its maritime security strategy in 2014, which sought to enhance the Code’s implementation and compliance (EU External Actions Service 2021). This was further supported by international partners such as the G7++ Friends of Gulf of Guinea (FoGG), the International Maritime Organization (IMO), the United Nations Office on Drugs and Crime (UNODC) and the International Criminal Police Organization (INTERPOL) (Côrte-Real 2022, p.69). As a result, this Info Flash will provide a brief overview of the impact of these regional initiatives and elaborate recommendations, coastal states and their partners should consider as we approach the 10th anniversary in June 2023.

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Explaining EU Maritime Security Cooperation through the Coordinated Maritime Presences Tool

Since the creation of the European Union’s (EU) Common Security and Defence Policy (CSDP), the Union has launched three naval operations under this framework. The inclusion of maritime security and anti-piracy operations increasingly shows that EU security and defence cooperation has acquired a naval dimension (Nováky, 2022, pp. 56-57). The three designated naval operations undertaken through CSDP measures are Operation Atlanta (EU NAVFOR), a counter-piracy operation to protect maritime traffic off the Horn of Africa and Western Indian Ocean; Operation Sophia (EU NAVFOR Med), which sought to combat the network of human smugglers and traffickers in the Central Mediterranean from 2015 to 2020; and Operation IRINI (EUNAVFOR MED IRINI), which is focused on the enforcement of the United Nation’s arms embargos against Libya since 2020 (Nováky, 2022, p. 57).

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The EU and its Maritime Security Strategy in the Indo-Pacific

During its meeting on 24th June 2014, the Council of the European Union (EU) adopted the document, proposed by the Greek Presidency, concerning the European Union Maritime Security Strategy (EUMSS), which lays out the framework for operations aimed at effectively facing the challenges related to maritime transport security. The EUMSS Action Plan was adopted on 16th December 2017 to safeguard the EU's interests and protect its member states (MS) and citizens. This plan addresses risks and threats in the global maritime domain, including organised and cross-border crime, threats to freedom of navigation, threats to biodiversity, unregulated fishing, or environmental degradation due to illegal or accidental discharges.

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