The increasing number of false-flagged and stateless tankers is reshaping maritime security challenges across the world’s sea lanes.
There are tankers that exploit gaps in international law by fraudulently registering under flags of convenience or assuming false identities to avoid enforcement. Indeed, approximately 100+ false-flagged tankers now operate with limited scrutiny in critical regions like the Indian Ocean and South China Sea, bringing new impetus to the questions for coastal states: do they have the legal right to act, and should they exercise that right?
Estonia’s recent boarding of the tanker Kiwala has put these questions in the spotlight. Acting within its territorial sea, the Estonian Navy relied on the powers granted under the United Nations Convention on the Law of the Sea (UNCLOS) to intervene when a vessel’s passage is no longer ‘innocent’. The vessel was known to be operating under a false flag — a clear violation of international shipping norms.
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