Who is the authority of 'the sea'?

[Lodesman]

Originally Posted by ravinracin

The Us Coast Guard operates hundred of miles off the California coast as does the US Navy, If the captain of one of these vessels suspects you are carrying drugs, smuggling of any kind, they will board and search you. They may not have legal authority, but they have might and they will use it. I know the same thing happened off the coast of Florida, in international waters, in the 70's, but can't comment on their practices today.

A little more reading is in order: http://www.unodc.org/documents/commi...ventions_E.pdf

That's just the tip of the iceberg - the US and many other nations have bilateral and multilateral agreements to extend jurisdiction to each other's vessels. The caveat is that they have to have reasonable cause to board and search. If you are searched without cause, you can seek reparations.

[duggybuggy]

Historically I wonder about the custom which was probably to expect to have to state your business and offer an invitation to be boarded, or get three broadsides at point blank, and then be asked once again for an invitation to board. It would be impossible to say no, and there would always be a pretext excuse, as I suppose it still is today. And now there is GPS tracking and cameras from space which no doubt will be able to see amazingly close detail in real time at whim anywhere at sea, in infra red and possibly even your live sound picked up off your switched-off battery-out phone or laptop, and teems of background information of everyone aboard, right down to your size of underpants. Lol.

[Wotname]

Originally Posted by Cadence

I shouldn't think boarding by the CG of a civilized nation would be a problem to anyone? It is perplexing that some have a problem with it. Is it paranoia?

While I agree in principle, I do believe that not all the citizens of a civilised nation are civil and even worse, some these "uncivil" citizens end in the employ civilised governments and get to make life difficult for the rest of us.

When one is on the receiving end of uncivil behaviour dished out by an "authority", is it paranoia?

I have never understood the concept that one should should kowtow apologetically to uncivil behaviour from anyone. IMO, one should just be civil and perhaps even polite in the face of unacceptable behaviour of any authority. If that isn't enough, then yes, it is a problem!

[pippatheskippa]

Where do the IMO come into the equation then?

[boatman61]

Boarding is not a problem.. however the state ones boat is sometimes left in when they get off can be..

[StuM]

Originally Posted by pippatheskippa

Where do the IMO come into the equation then?

In a vast oversimplification:

UNCLOS is a UN Treaty signed by various nations that primarily covers jurisdiction i.e. "authority" over the sea and vessels on it. By signing it, nations legally bind themselves to its provisions. Failure to abide by UNCLOS makes people and states ultimately liable to the International Tribunal for the Law of the Sea

IMO is a UN agency which draws up "Conventions", primarily covering such matters as Safety and Pollution at sea. These Conventions have no legal standing in themselves. It is up to individual nations to pass their own legislation covering the matters dealt with in these Conventions. Failure to abide by these laws makes people liable to the specific laws drawn up by their country of registration, not to the International Tribunal.

[Cadence]

Originally Posted by Wotname

While I agree in principle, I do believe that not all the citizens of a civilised nation are civil and even worse, some these "uncivil" citizens end in the employ civilised governments and get to make life difficult for the rest of us.

When one is on the receiving end of uncivil behaviour dished out by an "authority", is it paranoia?

I have never understood the concept that one should should kowtow apologetically to uncivil behaviour from anyone. IMO, one should just be civil and perhaps even polite in the face of unacceptable behaviour of any authority. If that isn't enough, then yes, it is a problem!

I have to agree with your IMO. Yes sir and no sir goes a long way. There probably are a few bad apples in any enforcement organization. I would expect fewer in situations like boarding since it is not a lone individual in all likelihood. Someone else can probably speak to semi civilized nations.

[roland stockham]

International waters are covered by international treaties. The main bodies of rules are laid out by IMO (international Maritime Organization) and SOLAS (Safety of Life at Sea). Your flag nation is responsible for any legislation necessary to implement and enforce the rules and all maritime nations who support these treaties are expected to respect them for vessels transiting there territorial waters. There are different rules depending on the type of boat, commercial, pleasure, fishing etc and this is the origin for things like the rules covering what lights to show.
It is worth remembering that not all nations signed up or abide by them. The USA for example commonly ignores the rules giving vessels the right to transit or anchor and considers any vessel entering there territorial waters to have entered the country and many countries require compliance with there own national rules on what can be carried on board while in territorial waters. For example I believe New Zealand require you carry an EPIRB and France has there own list of safety gear. Noonsite's country list is a good place to start for information on these exceptions.
There are some sailing organizations that also provide useful guides. The IORC (International Offshore Racing Committee) publishes rules for member organizations covering the conduct of offshore racing. While only compulsory for members there safety advisory makes an excellent reference where outfitting any boat

[peter57]

Originally Posted by SV DestinyAscen

Without getting to philosophical, there's no such thing as "freedom" to do whatever you please, even in international waters.

It has never existed.

So long as you have a nationality and your boat is flagged, you're governed by your flag, your nationality, and public international law (whether by treaty or custom).

There are limits to enforcement resources, but just because you're in international waters doesn't mean you're free to engage in piracy, human trafficking, narcotic smuggling, dumping, etc.

TBH, unless you're a **** human being, not even sure what authority you're trying to avoid by sailing. What's so overwhelming in day to day life on the hard that's overbearing?

Maybe no Alcohol on board if in your in the Red Sea which is an illegal drug in Saudi Arabia?