The US Container Security Initiative: A Maritime Transport Security Measure or a (Inter)National Public Security Measure?

Math Noortmann

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Maritime Security and History Law, logistics, and international trade International Maritime Law Issues

Abstract

This study analyzes the positions of the U.S., the EC Commission and of the International maritime organizations and seeks to demonstrate that: 1. there is no appropriate legal framework for strengthening international public security; and 2. the qualification of the CSI and C-TPAT as maritime transport security measures, must be understood as a tool in establishing the authority of the EC Commission over the EC member states. The article discusses: 1. The ability of the United States to proceed unilaterally, within the legal framework of the law of the sea; 2. The character of the Container Security Initiative; 3. The position and role of the EC Commission; and 4. The position of the International Maritime Organization, which has been suggested as the appropriate international legal frame-work.

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