ARTICLE, ESSAY & NOTE: BUILDING THE GLOBAL MARITIME SECURITY NETWORK: A MULTINATIONAL LEGAL STRUCTURE TO COMBAT TRANSNATIONAL THREATS Skip over navigation
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Copyright (c) 2008 Naval Law Review

ARTICLE, ESSAY & NOTE: BUILDING THE GLOBAL MARITIME SECURITY NETWORK: A MULTINATIONAL LEGAL STRUCTURE TO COMBAT TRANSNATIONAL THREATS

2008

Naval Law Review

55 Naval L. Rev. 73

Author

LCDR Jon D. Peppetti, JAGC, USN*

Excerpt

INTRODUCTION

The post-9/11 world has been characterized by the emergence and re-emergence of threats to peace and security that transcend national boundaries. These "transnational" threats take many forms, and those responsible continually seek new methods and avenues for pursuing their activities. Nowhere is the proliferation of transnational threats more pronounced than throughout the maritime domain, both in the littorals close to shorelines and beyond the horizon where the ocean is "a realm that remains radically free." 1

Effectively securing the maritime domain in the face of these transnational threats will require a shift from the traditional national view of maritime security to one with a global focus. Expanding the focus of security activities around the planet necessarily gives rise to the need for cooperative security arrangements, because of the inability of any one nation to secure the entire maritime domain through unilateral action. At the same time, just what such a global maritime security network would look like - and how it would address the myriad legal issues involved - is still open to considerable speculation.

This thesis examines the need for establishing a global maritime security network, the various forms such a cooperative network might take, and the means by which it could be created and implemented. Ultimately, I will argue that a global maritime security network can best be constructed by utilizing a dual framework of international agreements; a series of memoranda of understanding with specialized semi-internationalized criminal tribunals exercising universal jurisdiction at the regional ...
 
 
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