Unconventional Lawmaking and International Cooperation on Illegal Bunkering at Sea
Yurika Ishii
Abstract
Abstract This chapter discusses the characteristics of unconventional lawmaking to regulate oil bunkering activities in the maritime domain beyond the territorial sea. Such activities adversely affect the fight against oil theft and smuggling, as well as harming the marine environment. Under the United Nations Convention on Law of the Sea, a non-flag state may not interfere with a ship unless it is within its authority, as allocated under the convention. At this stage, there is no international agreement that directly controls oil bunkering. Yet, there are international efforts to develop cooperation between law enforcement authorities to suppress those unlawful acts, where the coastal states may have jurisdictional basis. Such a move can be seen, for instance, in the Luanda Declaration on Maritime and Energy Security of 2015. This chapter will examine these latest state practices, and analyse their impact on the legal order at sea.