With more than 80% of global trade by volume being transported by sea, maritime shipping lanes are indispensable to the world economy. That fact was s...
maritime-executive.com
"With more than 80% of global trade by volume being transported by sea, maritime shipping lanes are indispensable to the world economy. That fact was starkly illustrated by the war in Iran, which saw Tehran effectively close the Strait of Hormuz to commercial traffic and Washington respond with a blockade of Iranian ports.
"Yet such recent events are an aberration from much of the post-Cold War period, during which economic sanctions were enforced far from the sea. Governments relied on financial infrastructure – bank messaging systems, insurance markets, shipping registries and port access rules – to restrict trade without physically stopping ships.
"But that system is now under strain. As the United States and its partners have relied more heavily on sanctions as a tool of geopolitical conflict, targeted countries have developed effective evasion networks. In response, the U.S. and its partners are increasingly returning to a more direct form of economic pressure: boarding ships at sea."
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"A legal system built for another era
"This global expansion of maritime interdiction is colliding with an international legal framework that was not designed for it.
"Under the U.N. Convention on the Law of the Sea, ships on the high seas fall under the jurisdiction of their flag state. This principle was intended to ensure predictability and limit interference with global shipping.
"There are narrow exceptions. Warships may board vessels suspected of piracy, slave trading, statelessness or false flagging. Outside these cases, boarding is generally prohibited.
"Modern sanctions enforcement is increasingly being fitted into these exceptions."