Ireland has left itself open to abuse of its maritime rights for military purposes, according to a author of new book on maritime law.
The State's failure to take full advantage of the Law of the Sea Convention, which it has ratified, means other states could use scientific research as a convenient cover for military activities, Dr Clive Symmons says.
It is one of a series of weaknesses in the State's approach to maritime legislation which is identified in his updated book, Ireland and the Law of the Sea. The book's publication was marked yesterday evening at a function on the Naval Service ship, LE Eithne, in Dublin. Dr Symmons, a research associate at TCD law school and a lecturer at NUI Galway, analyses progress both before and since Ireland ratified the UN Law of the Sea Convention in 1996.
Ireland had been one of the early signatories in 1982, and expressed concern at diplomatic level over scientific research carried out "with military funds or from military vessels".
However, it was unable to influence the convention's wording on a distinction between combatant and non-combatant vessels engaged in marine research. The State also failed to limit use of aerial or satellite scanning devices in national marine areas, the author says.
The convention makes no provision for this form of research, although remote sensing by satellites is increasingly used.
New legislation on drug interdiction should remove ambiguities about the role of the Naval Service, he notes. The Criminal Justice (Illicit Traffic by Sea) Bill 2000 should help to address a situation where fewer than half of the drugs passing through Irish waters are detected, according to Customs estimates. A new statutory crime of piracy is being defined to address increasing problem of harassment of fishing vessels outside the 12-mile limit.
Dr Symmons says Oireachtas records often reveal a "legacy of neglect" of legal maritime studies, and even basic principles of maritime law among TDs and Government ministers.
One example was the presence of only four TDs at the one-minute debate in the Dail on ratification of the convention.
Ireland and the Law of the Sea by Dr Clive Symmons is published by Round Hall Press.
