Maritime security, also known as non-military security, refers to a condition in which the maritime rights and interests of a State, recognised by the United Nations Convention on the Law of the Sea and other rules of international law, are free from harm, danger or attack. This chapter discusses seven acknowledged threats to maritime security in the exclusive economic zone (EEZ) and the international legal framework for addressing them. The seven threats are piracy and armed robbery against ships; terrorist acts involving shipping, offshore installations and other maritime interests; illicit trafficking in arms and weapons of mass destruction; illicit traffic in narcotic drugs and psychotropic substances; smuggling and trafficking of persons by sea; illegal, unreported and unregulated fishing; and intentional and unlawful damage to the marine environment. The discussion then turns to the measures coastal States can take to protect their maritime security interests in the EEZ in the context of the longstanding doctrine of exclusive flag State jurisdiction. The concluding section examines emerging international efforts to combat threats to maritime security on a regional basis and discusses a potential solution to treat maritime security in the EEZ as collective security interests to meet the jurisdictional gap.

Chapter 6 will move the discussion from what obligations states have under IHRL to how states have to act in order to fulfil these obligations in practice. This chapter tests state practice against the human rights framework in order to evaluate whether states comply with their human rights obligations when they deal with hostage-taking. By drawing on a wide range of practice by states which have experienced terrorist attacks over the years as well as counter-piracy measures adopted by various states, this chapter seeks to improve our understanding of what states do in response to hostage-taking and how they can better incorporate the needs of hostages in their responses.