Prof. Dr. Ulrich Karpen/Djoko Lukic/Sonja Heinze (eds.) Maritime Security- Current Problems in the Baltic Sea

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1 Prof. Dr. Ulrich Karpen/Djoko Lukic/Sonja Heinze (eds.) Maritime Security- Current Problems in the Baltic Sea Conference in Cooperation with the International Tribunal for the Law of the Sea, May gth-nth, 2007 Nomos

2 Contents Abbreviations 12 No Secure Maritime Areas 15 Mr.Christoph Brockmann Head of Maritime Shipping Department, Federal Maritime and Hydrographie Agency Opening Session 19 Opening Address 21 Prof. Dr. Ulrich Karpen Law Faculty, University of Hamburg, Germany Maritime Security Issues and the Settlement of Disputes 22 Prof. Philippe Gautier Registrar, International Tribunal for the Law ofthe Sea; Professor, Catholic University oflouvain (Louvain-la-Neuve) Address 28 Mr. Carsten Lüdemann Senator of Justice ofthe Free and Hanseatic City Hamburg Address 30 Mr. Matthias Weckerling Director ofthe German Foundation for International Legal Cooperation First Session 33 Legal Cooperation in Security Issues - Introduction chairperson: Prof. Dr. Stefan Oeter Law Faculty, University of Hamburg, Germany

3 Check against Delivery 35 Mr. Erik Lindfors Ministryfo Foreign Affairs, Stockholm, Sweden Sotne new Maritime Security Issues for the Coastal States ofthe Baltic Sea Mr. Heiki Lindpere, Ph.D. Director ofthe Institute ofthe Law, Tartu University, Talinn, Estonia 39 Second Session 43 The Legal Network - Topics of Security at Sea chairperson: Dr. Kaare Bangert Oslo University, Norway Introduction to the Second Session 45 Dr. Kaare Bangert Oslo University, Norway Penal law, Extradition, the Achille Lauro - Agreement 46 Dr. Alberto Cisterna National Anti-Mafia Prosecutor, Italy Proliferation Security Initiative (PSI) PSII: Application in the Baltic Sea 64 Mr. Thomas Winkler Ministiy of Foreign Affairs, Copenhagen, Denmark Proliferation Security Initiative (PSI) PSI II: Application in the Danish Straits 70 Mr. Joergen R.Lilje-Jensen Ministry of Foreign Affairs, Copenhagen, Denmark Third Session 75 Transportation I chairperson: Prof. Dr. Doris König M.C.L, Bucerius LawSchool, Hamburg, Germany

4 Security ofthe Transportation Chain: From Origin to Harbour Evaluation of the Proposal for a Regulation of the European Parliament and of the Council on Enhancing Supply Chain Security 77 Dr. Dorota Lost-Sieminska Department of Maritime and Inland Water Administration, Ministry of Transport and Construction, Poland Considerations on the Insertion of Elements ofthe World Customs Organization's SAFE Framework into the International Maritime Regulation 84 Mr. Frank Bjerg Mortensen Head of Division ofdanish Maritime Authority, Copenhagen, Denmark Fourth Session 89 Transportation II chairperson Dr. Hans-Heinrich Nöll Managing Director ofgerman Shipowners' Association, Hamburg, Germany Risks in Transportation: Experiences 91 Dr. Hans-Heinrich Nöll Managing Director ofgerman Shipowners' Association, Hamburg, Germany Risks in Transportation: Experencies Implementation ofthe ISPS Code in Finnish Ports and Onboard Ships 96 Captain Paavo Wihuri Director of Maritime Safetv and Security, Finnish Maritime Administration Fifth Session 101 Governmental Security at Sea chairperson: Dr. Dorota Lost-Sieminska Department of Maritime and Inland Water Administration, Ministry of Transport and Construction, Poland

5 Terrorism, NATO, Rules of Engagement 103 Prof. Dr. Wolff Heintschel von Heinegg Law Faculty of University of Frankfurt (Oder), Germany Instruments of Protecting Security: Investigation of Vessels, Escort Protection, ProtectionofHarbours 121 Captain Michael Rand Commander of the United States Coast Guard Activities Europe, Rotterdam, USA Measures of Russian Federation on Enhancement of Transport Security at Sea 126 Mr. Konstantin Olegovich Nikolaev Manager ofport Security and Certification, Russian Maritime Security Service, Moskow, Russia Sixth Session 131 Discussion: What is needed? VVhat has to be done? chairperson: Prof. Dr. Dr. h.c. Rüdiger Wolfrum Max-Planck-Institute for Foreign Affairs and International Law Heidelberg, President ofthe ITLOS, Hamburg, Germany Statement: Law and Economics - Aspects of National and International Regulation 133 Prof. Dr. Dr. Yury Mishalchenko Saint Petersburg State University of Economics and Finance, Russia Statement: Maritime Security - General Concept 152 Prof. Dr. hab. Zdzislaw Brodecki Head of Department for European Law and Comparative Legal Studies, Faculty of Law and Administration, Gdansk University, Poland And: Dr. Dorota Pyc Department of Public International Law, Faculty oflaw and Administration, Gdansk University, Poland Statement: Legal Status of Security Regime 164 Dr. Kaare Bangert Oslo University, Norway 10

6 Interventions 166 Farewell Words 169 Prof. Dr. Ulrich Karpen Law Faculty, University of Hamburg, Germany Bibliography 170 Index ofpersons 181 Subject Index 182 Listof Participants

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