Combating Maritime Crime in Modern Times: Jurisdictional Conflicts and Enforcement Dilemmas in the EEZ and on the High Seas

Registration ID: IJNRD_328322

Published ID: IJNRD2609070

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Mr. NEERAJ JOSHI

Maritime Crime, UNCLOS, Exclusive Economic Zone (EEZ), High Seas, Flag State Jurisdiction, Drug Trafficking, Human Smuggling, Piracy, Shiprider Agreements, Universal Jurisdiction, Effective Control.

Abstract The vastness and legal fragmentation of the world’s oceans render them uniquely susceptible to transnational organized crime. Drug trafficking, human smuggling, and piracy persist as critical threats to maritime security, yet their effective suppression is persistently hampered by deep-seated jurisdictional conflicts and enforcement dilemmas within the Exclusive Economic Zone (EEZ) and on the high seas. This article critically examines the legal and operational challenges that arise when states attempt to interdict, arrest, and prosecute criminals operating beyond territorial waters. Centered on the 1982 United Nations Convention on the Law of the Sea (UNCLOS), the analysis reveals a fundamental tension: the principle of exclusive flag state jurisdiction on the high seas and by extension, in the EEZ for non-resource matters, requires flag state consent for enforcement, often creating paralysis when states are unwilling or incapable of acting. This is particularly contentious regarding drug trafficking, where U.S. jurisprudence under the Maritime Drug Law Enforcement Act (MDLEA) has unilaterally redefined the EEZ as part of the "high seas," a stance that strains international consensus and risks eroding the rule of law. Similarly, combating human smuggling introduces overlapping humanitarian imperatives, as the doctrines of effective control and non-refoulement impose binding human rights obligations upon intercepting states, frequently conflicting with immigration enforcement goals and triggering disembarkation crises. In contrast, piracy benefits from universal jurisdiction under UNCLOS Articles 100-105; however, its narrow definition including the "two-ship" and "private ends" requirements coupled with persistent prosecution gaps, limits its practical utility. The article further evaluates emergent cooperative mechanisms, such as Shiprider agreements and UN Security Council resolutions, which function as "jurisdictional multipliers" to circumvent consent requirements. Ultimately, it argues that while unilateral military force and expansive judicial interpretations offer short-term operational gains, they undermine the multilateral foundations of ocean governance. The suppression of maritime crime requires a recalibrated framework that balances sovereign rights, robust international cooperation, and strict adherence to human rights standards to ensure lasting security and legal legitimacy on the high seas.

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Mr. NEERAJ JOSHI (September-2026). Combating Maritime Crime in Modern Times: Jurisdictional Conflicts and Enforcement Dilemmas in the EEZ and on the High Seas. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 11(9), a664-a670. https://ijnrd.org/papers/IJNRD2609070.pdf

Volume 11 Issue 9, September-2026

Pages : a664-a670

Paper Reg. ID: IJNRD_328322

Published Paper Id: IJNRD2609070

Research Area: Other area not in list

Author Type: Indian Author

Country: Prayagraj(Allahabad), UTTAR PRADESH, India

Published Paper PDF: https://ijnrd.org/papers/IJNRD2609070.pdf

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