The extra-territorial application of US sanctions has become a controversial issue in international law owing to its potential impact on global trade and the sovereignty of other states. This article examines the legality of the United States’ extra-territorial application of sanctions, specifically in the context of the denial of entry to a Russian ship in Bangladesh; the article argues that the extra-territorial application of US sanctions, is a violation of international law, including the principles of sovereignty, non-intervention, and non-discrimination and role of Political Pressure in Denying to Entry.
The ‘USRA MAJOR’ is a Russian ship that drew attention during the recent months due to its denied entry into Bangladesh, allegedly due to pressure from the United States to join its sanctions against Russia. According to the US list of 69 sanctioned Russian vessels, URSA MAJOR or SPARTA III is an Amphibious/Attack Cargo Vessel (AKA) designed to carry equipment, cargo, and troops.
Dhaka says, “We are not in a position to allow Russian ships to deliver cargo, if any of their vessels are covered under the US or EU sanctions.”
International Maritime Law:
International Maritime Law is a set of rules and regulations that governs the use of the world’s oceans and seas. The law is enforced by various international organizations, such as the International Maritime Organization (IMO) and the United Nations Convention on the Law of the Sea (UNCLOS).
Under UNCLOS, every state has the right to regulate entry of foreign vessels into its ports. Article 18 of UNCLOS allows coastal states to adopt laws and regulations to prevent, reduce, and control pollution from ships in their territorial seas. Article 25 of UNCLOS enables coastal states to take adequate measures that are necessary to prevent passage through their territorial seas if the passage would be prejudicial to their security.
In addition, IMO sets standards and regulations related to the safety and security of shipping, the prevention of marine pollution, and the training and certification of seafarers. The IMO’s standards and regulations are binding on all member states.
International Law:
International Law is a set of rules and principles that govern the relations between states and other international actors. Various international treaties, customs and practices embody the rules and principles.
Under International Law, states have the sovereign right to regulate entry of foreign ships into their respective ports. However, this right is subject to certain limitations, such as the principle of non-discrimination and the duty to act in good faith. The principle of non-discrimination requires states to treat foreign ships in a manner that is no less favorable than their own ships. The duty to act in good faith requires the states to act in a reasonable and non-arbitrary manner when regulating entry of foreign vessels into their ports.
Analysis:
In the light of the above legal framework, the denial of entry to the Russian ship by Bangladeshi authorities raises two issues: Whether Bangladesh’s action was in compliance with International Maritime Law and International Law and whether the United States can force other countries to join its sanctions against Russia.
On the first issue, Bangladesh has the sovereign right to regulate the entry of foreign ships into its ports. Article 18 of UNCLOS allows coastal states to adopt laws and regulations to prevent, reduce and control pollution by ships that enter their territorial waters. If Bangladesh has evidence that the Russian ship violated IML, it would be within its legal framework to deny entry to the vessel.
However, if the denial of entry were based solely on political pressure from the United States, it would violate the principle of non-discrimination and the duty to their bona fide act. Bangladesh must treat foreign ships in a manner that is no less favorable than its own fleet of ships and must act in a reasonable and non-arbitrary manner when regulating entry of foreign ships into its ports.
On the second issue, the United States cannot force or order other countries to join its sanctions against Russia. The United States has the right to impose sanctions on Russia under its domestic law, but it should not compel other countries to follow its lead or to support or to vindicate their stance. Such extraterritorial application of US law is a violation of International Law, particularly the principle of non-intervention in the internal affairs of other states.
Conclusion:
Conclusively, Bangladesh has the sovereign right to regulate the entry of foreign ships into its ports under International Maritime Law and International Law. If it has evidence that the Russian ship violated IML, it would be within its rights to deny entry to the vessel. However, if the denial of entry were based solely on political pressure from the United States, it would be a violation of the principle of non-discrimination non-intervention.
Sk. Iftesham Islam
(The author is currently pursuing his LLM (International Law) at South Asian University, New Delhi, India. He has graduated from North Western University of Bangladesh, Khulna. He has experienced working with National Debate Federation Bangladesh (NDF BD), and the English Olympiad Bangladesh; also, he was a trainee at Active Citizens Youth Leadership training by British Council & Amra Notun Network by Brac. He is the Co-founder of Radio NWU, a campus Radio of North Western University, Bangladesh. He was General Secretary of the North Western University Debating Club)
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