What is a shiprider Agreement?

Answer 1

Shiprider Agreement is an agreement by which a law enforcement officer (Shiprider) is embarked on a vessel (normally a warship of a governamental vessel) sailing a national flag different from the nationality of the Shiprider. Purpose of Shiprider Agreements are to widen the powers or tools of the vessel by embarking a Law Enforcement Officer duly empowered to provide authorization for certain acts (for example entry into territorial waters of the State sending the Shiprider or boarding, diverting and seizing a vessel flying the Flag of that State) or enforcing directly its national laws. Shiprider agreements are usyally concluded in subjects matters like Drug enforcement, Protection of Maritime environment, protection of fishing resources, prevention of illegal traffic of WMD, repression of Piracy, revention of illegal migration. Shiprider agreement may also contain jurisdictional clauses in order to establish (in situation of concurrency) which State shall exercise jurisdcition over aprehended persons. Other topics which can be found in Shiprider agreements pertain to the legal status of the Shiprider, laws to be applied to enforcement actions (normally the Shiprider will apply its national laws), liability in respect of enforcement actions, assistance of personnel other to the Shiprider in enforcement actions. Usually, where assistance to enforcement actions is granted, clauses are inserted in Shirider agreements, in order to grant the right of self defense to the assisting personnel. Shiprider agreements may also contain provision on the custody and hand over of aprehended personnel. Although usual in maritime operations, shirider agreements have been adopted in respect of international lakes for custom purposes. Whilst frequent in the Caribean Region, Shiprider agreements are not frequently found in Europe where police cooperation has developed mainly in the direction of joint patrools, even for cross border actions, but only in respect of land borders. Shirider agreements may pose problems in respect of international human rights instruments and the receiving State remains responsible for gross violations performed by the Shiprider.