Legal Definitions - approach, right of

The right of approach refers to the legal entitlement of a state's authorized vessel or aircraft to move towards another vessel or aircraft, particularly in international waters or airspace, for the purpose of identification, communication, or initial inquiry. This right allows authorities to get close enough to establish contact and gather preliminary information, especially when there is a reasonable suspicion of illegal activity, without necessarily implying an immediate right to board or search. It is a foundational principle in international maritime law and similar contexts, enabling states to enforce laws and maintain security.

• Example 1 (Maritime Law Enforcement): A national coast guard patrol boat spots a vessel without clear identifying flags or markings behaving erratically in international waters, far from any established shipping lanes. Under the right of approach, the coast guard vessel is legally permitted to steer towards the suspicious ship, hail it via radio, and attempt to visually identify it and its crew.

  Explanation: This illustrates the right of approach because the coast guard vessel is exercising its legal entitlement to move closer to and communicate with a potentially problematic vessel in an area where no single nation has exclusive jurisdiction, based on reasonable suspicion. They are not immediately boarding or searching, but rather exercising the right to initiate contact and gather preliminary information.

• Example 2 (Customs and Border Security): A large container ship, flying a foreign flag, is observed by a customs patrol boat as it enters a nation's contiguous zone, heading towards a major port. Even without immediate suspicion of wrongdoing, the customs patrol boat has the right of approach to move alongside the container ship, make contact, verify its identity, and request initial documentation before it proceeds further into territorial waters or port.

  Explanation: Here, the right of approach allows the customs authorities to proactively engage with an incoming foreign vessel to ensure compliance with border security and customs regulations. By getting close enough, they can initiate communication and identification procedures before the vessel reaches the most sensitive areas, demonstrating their legal entitlement to approach for administrative purposes.

• Example 3 (Fisheries Protection): A fisheries protection vessel is monitoring a designated fishing ground and observes a commercial trawler operating near the boundary of a marine protected area where certain fishing methods are prohibited. The fisheries vessel can exercise its right of approach to move towards the trawler, get within visual range, and attempt to communicate with its captain to confirm its exact position and fishing activities.

  Explanation: This example shows the right of approach being used by authorities to monitor and enforce environmental and resource management laws. The fisheries vessel uses this right to close the distance and gather information necessary to determine if the trawler is complying with regulations, without immediately boarding or issuing a citation, but rather to establish initial contact and observation.