The U.S.-Led Proliferation Security Initiative and UNCLOS: Legality, Implementation, and an Assessment
2007; Taylor & Francis; Volume: 38; Issue: 1-2 Linguagem: Inglês
10.1080/00908320601071421
ISSN1521-0642
Autores Tópico(s)Space exploration and regulation
ResumoAbstract This article examines the relationship between the U.S.-led Proliferation Security Initiative (PSI) and the 1982 United Nations Convention on the Law of the Sea (UNCLOS). It attempts to answer the questions of whether the PSI is legal or illegal under UNCLOS and whether U.S. accession to UNCLOS would enhance or create difficulties for the implementation of the PSI. The author concludes that U.S. accession to the Convention would not affect adversely the implementation and effectiveness of the PSI. On the contrary, accession to UNCLOS could help increase U.S. credibility and leadership in dealing with the threat to international peace and security posed by weapons of mass destruction proliferation. It also suggests that all the relevant information needs to be gathered and examined carefully in order to answer the question of whether a PSI interdiction action is legal under UNCLOS or not. Keywords: Proliferation Security Initiative (PSI)1982 United Nations Convention on the Law of the Sea (UNCLOS)United Statesweapons of mass destruction (WMD) This article was originally presented at the International Workshop on the United States and the United Nations Convention on the Law of the Sea, held at Institute of European and American Studies, Academia Sinica, Teipei, Taiwan on December 2, 2005. It was further updated. Notes ∗Core members 1. See U.S. Department of State, Bureau of Nonproliferation, "Proliferation Security Initiative Frequently Asked Questions (FAQ), Fact Sheet," May 26, 2005, available at www.state/gov/t/np/rls/fs/46839.htm; and see also U.S. Department of State, Bureau of Nonproliferation, "Fact Sheet, The Proliferation Security Initiative (PSI)," May 26, 2005, available at www.state/gov/t/np/ris/fs/46858.htm. 2. They were Australia, France, Germany, Italy, Japan, the Netherlands, Poland, Portugal, Spain, and the United Kingdom. See Sharon Squassoni, "Proliferation Security Initiative (PSI)," CRS Report for Congress, RS21881, June 7, 2005. 3. Canada, Denmark, New Zealand, Norway, Russia, Singapore, and Turkey. Ibid. 4. See White House, "President's Statement on Proliferation Security Initiative," June 23, 2006, available at www.whitehouse.gov/news/releases/2006/06/20060623.html. 5. Ibid.; Secretary of State Condoleezza Rice, "Remarks on Second Anniversary of the Proliferation Security Initiative," May 31, 2005, available at www.state.gov/secretary/rm/2005/46951.htm; Stephen G. Rademaker, Assistant Secretary for Arms Control, "The Proliferation Security Initiative (PSI): A Record of Success," Testimony before the House International Relations Committee, Subcommittee on International Terrorism and Nonproliferation, June 9, 2005, available at www.state/gov/t/ac/rls/rm/47715.htm, and "Conference in Warsaw Addresses Efforts to Stop Spread of WMDs," The Canadian Press, June 23, 2006 (LexisNexis News on-line search, page number not available). 6. Squassoni, supra note 2, at 2–3. 7. Joseph Cirincione and Joshua Williams, "Putting PSI into Perspective," Carnegie Endowment for International Peace, Proliferation Analysis, available at www.carnegieendowment.org/npp/publications/index.cfm?fa=view&id=16827. 8. Ibid. 9. Secretary Rice pointed to 11 examples of successful efforts conducted by the United States and the 10 PSI partners. See Rice, supra note 5. 10. Alexander Pojedinec, "Proliferation Security Initiative: Two Years and Counting," Center for Defense Information, July 28, 2005, available at www.cdi.org/. See also Hans Blix's Keynote Speech at the 2006 Arms Control Association, Federal News Service, Jan. 26, 2006 (LexisNexis News on-line search, page number not available). 11. Wade Boese, "False Claims of PSI Success," The Washington Times, Aug. 17, 2005, at A16. 12. For the text, see 1833 U.N.T.S. 397. 13. Remarks by Tommy T. b. Koh, president of the Third United Nations Conference on the Law of the Sea, on Dec. 6 and 11, 1982, at the final session of the Conference at Montego Bay, Jamaica, available on the Web site of Oceans and Law of the Sea: Division for Ocean Affairs and Law of the Sea, United Nations, at www.un.org/Depts/los/Convention_agreements/convention_overview_convention.htm. 14. See the Web site of the Division for Ocean Affairs and Law of the Sea, supra note 13. 15. See, for example, Peter Leitner, "Statement," in United Nations Convention on the Law of the Sea, Hearing Before the Committee on Environment and Public Works, United States Senate, 108th Cong., 2d sess., Mar. 23, 2004, at 93–94; and Frank Gaffney, "Statement," in United Nations Convention on the Law of the Sea, Hearing Before the Committee on International Relations, House of Representatives, 108th Cong., 2d sess., May 12, 2004, available at commdocs.house.gov/committees /intlrel/hfa93660.000/hfa93660_0.htm. See below infra notes 145–146. 16. See Wade Boese, "Law of the Sea Convention Marooned in Senate," Arms Control Today, May 2004, available at www.armscontrol.org/act/2004_05/PSI.asp. 17. Hearings on UNCLOS were held by: the Senate Foreign Relations Committee (Oct. 14 and 21, 2003), the Senate Committee on Environment and Public Works (Mar. 23, 2004), the Senate Armed Services Committee (Apr. 8, 2004), the House Committee on International Relations (May 12, 2004), and the Senate Select Committee on Intelligence (June 8, 2004). 18. For "Questions from Senator Richard G. Lugar, Nomination hearing for Dr. Condoleezza Rice, January 18 and 19, 2005, in relation to the Law of the Sea and the Bush Administration's ratification efforts," see "Background for the GAO Study of UNCLOS," Attachment 4, available on the Web site of Center for Leadership in Global Diplomacy at www.clgd.org/. 19. The Nomination of John R. Bolton to be U.S. Representative to the United Nations with rank of Ambassador and U.S. Representative to the United Nations Security Council and U.S. Representative to Sessions on the United Nations General Assembly during the Tenure of Service as U.S. Representative to the United Nations, Senate, 109th Cong., 1st sess., Exec. Rept. 109–01, May 18, 2005. 20. White House, The National Security Strategy of the United States of America (Washington, DC: U.S. Government Printing Office, September 2002), available at www.whitehouse.gov/nsc/nss.pdf. 21. "President Bush Delivers Graduation Speech at West Point, June 1, 2002," available at www.whitehouse.gov/news/releases/2002/06/print/20020601-3.html. 22. The National Security Strategy, supra note 20, at 14. 23. Ibid. 24. Ibid. 25. White House, National Strategy to Combat Weapons of Mass Destruction (Washington, DC: U.S. Government Printing Office, Dec. 2002), available at www.whitehouse.gov/news/releases/2002/12/WMDStrategy.pdf. 26. Ibid., at 2. 27. See Larry A. Niksch, "North Korea's Nuclear Weapons Program," CRS Issue Brief for Congress, updated Aug. 31, 2005; Daryl G. Kimball, "Getting Serious about North Korea," Arms Control Today, Dec. 2005; Paul Kerr, "North Korea Nuclear Talks Stall," Arms Control Today, Dec. 2005; and Frederic L. Kirgis, "North Korea's Missile Firings," ASIL Insight, vol. 10, no. 18, July 24, 2006. 28. For a detailed account of the So San incident, see Daniel H. Joyner, "The Proliferation Security Initiative: Nonproliferation, Counterproliferation and International Law," 30 Yale Journal of International Law 507 (2005), at 507–508. See text accompanying infra note 132. 29. "Remarks of the President to the People of Poland, Wawel Royal Castle, Krakow, Poland, May 31, 2003," available at www.whitehouse.gov/news/releases/2003/05/20030531-3.html. 30. See White House Press Release, "Iran's Nuclear Program Concerns Bush Administration, June 18, 2003," cited in Jennifer K. Elsea, "Weapons of Mass Destruction Counterproliferation: Legal Issues for Ships and Aircraft," CRS Report for Congress, Oct. 1, 2003, at 2. 31. "Fact Sheet: The Proliferation Security Initiative (PSI)," May 26, 2005, supra note 1. 32. Ibid. 33. "Statement of the President of the UN Security Council," 3046th meeting, U.N. Doc. S/23500 (1992), available at projects.sipri.se/cbw/docs/cbw-unsc23500.html. 34. U.N. Security Council Resolution 1540, adopted Apr. 28, 2004, available at daccessdds.un.org/doc/UNDOC/GEN/N04/328/43/PDF/N0432843.pdf?OpenElement. 35. "Fact Sheet, The Proliferation Security Initiative (PSI)," May 26, 2005, supra note 1. 36. For instance, see Rademaker, supra note 5 and John R. Bolton, Under Secretary of State for Arms Control and International Security, "The Bush Administration's Nonproliferation Policy: Successes and Future Challenge," Testimony before the House International Relations Committee, Mar. 30, 2004, available at wwwc.house.gov/international_relations/108/bolt033004.htm. 37. Canada, Department of Foreign Affairs, "Backgrounder: The Proliferation Security Initiative," June 15, 2004, available at www.forces.gc.ca/site/Newsroom/view_news_e.asp?id=1329. 38. Ibid. 39. See Ministry of Foreign Affairs of Japan, "The Proliferation Security Initiative (PSI) Maritime Interdiction Exercise 'Team Samurai 04,' (Overview and Evaluation)," Oct. 28, 2004, available at mofa.go.jp/policy/un/disarmament/arms/psi/overview0410.html. 40. Singapore, Ministry of Defense, "Singapore's Participation in the Proliferation Security Initiative (PSI)," Jan. 11, 2004, available at www.mindef.gov.sg/display.asp?number=1980. 41. Ministry of Foreign Affairs of the Russian Federation, Information and Press Department, press release, "On Russia's Participation in Proliferation Security Initiative (PSI)," no. 1224-31-05-2004, unofficial translation from Russian, June 1, 2004, available at www.ln.mid.ru/bl.nsf/0/2e1470910be746b6c3256ea600359aef?OpenDocument. 42. "Proliferation Security Initiative Frequently Asked Questions (FAQ), Fact Sheet," May 26, 2005, supra note 1. 43. "Fact Sheet, The Proliferation Security Initiative (PSI)," May 26, 2005, supra note 1. 44. Ibid. 45. See John R. Bolton, under secretary for arms control and international security, "Stopping the Spread of Weapons of Mass Destruction in the Asian-Pacific Region: The Role of the Proliferation Security Initiative," speech delivered at the Tokyo American Center, Tokyo, Japan, Oct. 27, 2004, available at www.state.gov/t/us/rm/37480.htm. 46. "President Announces New Measures to Counter the Threat of WMD, Remarks by President Bush on Weapons of Mass Destruction Proliferation," Fort Lesley J. McNair, National Defense University, Feb. 11, 2004, available at www.whitehouse.gov/news/releases/2004/02/20040211-4.html. 47. Statement of Interdiction Principles, supra note 35. 48. "President Announces New Measures," supra note 46. 49. Wade Boese and Miles Pomper, "The New Proliferation Security Initiative—An interview with John Bolton," Arms Control Today, Nov. 4, 2003, available at www.armscontrol.org/aca/midmonth/November/Bolton.asp. 50. U.S. Department of State, "The United States and Belize Proliferation Security Initiative Ship Boarding Agreement," Aug., 4, 2005, available at www.state.gov/r/pa/prs/ps/2005/50787.htm. 51. Agreement Between the Government of the United States of America and the Government of the Republic of Liberia Concerning Cooperation to Suppress the Proliferation of Weapons of Mass Destruction, Their Delivery Systems, and Related Materials by Sea, signed Feb. 11, 2004, provisionally applied from February 11, 2004, and entered into force December 9, 2004. The text of the Agreement is available at www.state.gov/t/np/trty/32403.htm. 52. Amendment to the Supplementary Arrangement Between the Government of the United States of America and the Government of the Republic of Panama to the Arrangement Between the Government of the United States and the Government of Panama for Support and Assistance from the United States Coast Guard for the National Maritime Service of the Ministry of Government and Justice, signed May 12, 2004, provisionally applied from May 12, 2004, and entered into force December 1, 2004. The text of the February 2002 U.S.-Panama Supplementary Arrangement on U.S. Coast Guard Assistance is available at www.state.gov/t/np/trty/32858.htm. 53. Agreement Between the Government of the United States of America and the Government of the Republic of the Marshall Islands Concerning Cooperation to Suppress the Proliferation of Weapons of Mass Destruction, Their Delivery Systems, and Related Materials by Sea, signed August 13, 2004, provisionally applied from Aug. 13, 2004, and entered into force Novmber 24, 2004. The text of the Agreement is available at www.state.gov/t/np/trty/32858.htm. 54. Agreement Between the Government of the United States of America and the Government of the Republic of Croatia Concerning Cooperation to Suppress the Proliferation of Weapons of Mass Destruction, Their Delivery Systems, and Related Materials by Sea, signed June 1, 2005 and will enter into force on the date of receipt of the last written notification through diplomatic channel by which the Parties inform each other that the necessary internal procedures of each Party for its entry into force have been completed. The text of the Agreement is available at www.state.gov/t/np/trty/47086.htm. 55. Agreement Between the Government of the United States of America and the Government of the Republic of Cyprus Concerning Cooperation to Suppress the Proliferation of Weapons of Mass Destruction, Their Delivery Systems, and Related Materials by Sea, signed July 25, 2005 and will enter into force upon an exchange of notes indicating that the internal procedures of each party necessary for its entry into force have been completed. The text of the Agreement is available at www.state.gov/t/np/trty/50274.thm. 56. Agreement Between the Government of the United States of America and the Government of Belize Concerning Cooperation to Suppress the Proliferation of Weapons of Mass Destruction, Their Delivery Systems, and Related Materials by Sea, signed August 4, 2005 and will enter into force upon an exchange of notes indicating that the internal procedures of each party necessary for its entry into force have been completed. The text of the Agreement is available at www.state.gov/t/np/trty/50809.htm. 57. Bolton, supra note 45. 58. Statement of Interdiction Principles, supra note 35. 59. "On Russia's Participation in Proliferation Security Initiative (PSI)," supra note 41. 60. See White House, "President's Statement on the Proliferation Security Initiative," May 31, 2005, available at http://www.whitehouse.gov/news/releases/2005/05/20050531-1.html. 61. See U.S. Department of State, "Remarks on the Second Anniversary of the Proliferation Security Initiative," May 31, 2005, available at: http://www.state.gov/secretary/rm/2005/46951.htm. 62. See the Chairman's Statement of the Meeting, available at www.psi.msz.gov.pl. 63. "Fact Sheet, The Proliferation Security Initiative (PSI)," May 26, 2005, supra note 1. 64. Statement of Interdiction Principles, supra note 35. 65. Ibid., para. 1–4. 66. Ibid., para. 4(d). 67. Bolton, supra note 45. 68. "North Korea Radio Commentary Decries US for 'Blockade' Manoeuvres," BBC Monitoring International Reports, June 19, 2003. 69. Ibid. 70. See Robert T. Grey Jr., "North Korea Up in Arms; UN Resolutions Could Help Matters," The Washington Times, Aug. 14, 2003, at A19. 71. See text accompanying infra notes 135–136. 72. "N Korea Condemns Taiwan's Cargo Seizure as US-Led 'Criminal Act,"' Agence France Presse, Aug. 21, 2003; and "North Korea Criticized Taiwan, US over Search of Ship, seizure of Cargo," BBC Monitoring International Reports, Aug. 21, 2003. 73. Ibid. 74. "North Korea Denies US Claim over 'Import of Chemical, Nuclear Substances,"' BBC Monitoring International Reports, June 13, 2005. 75. "North Korean TV Denounces South over Participation in US Joint Training," BBC Monitoring Asia Pacific—Political, Feb. 19, 2006 (LexisNexis News on-line search, page number not available). 76. Treaty on the Non-Proliferation of Nuclear Weapons, 21 U.S.T. 483 (1970). 77. See Michael Richardson, "Between a Rogue and a Hyperpower," South China Morning Post, Dec. 12, 2003, at. 17. 78. Ibid. 79. See Mark Huband and James Kynge, "US Calls on China to Help curb Spread of Nuclear Arms," Financial Times (London), Feb. 17, 2004, at. 10. 80. "Beijing Silent on Alleged Chinese Nuclear Weapons Designs Found in Libya," Agence France Presse, Feb. 17, 2004 (LexisNexis News on-line search, page number not available). 81. See "China-Military," China Business News On-line, Sept. 2, 2005; "China Won't Sign on to PSI," UPI, Sept. 2, 2005; and "Proliferation Security Initiative May Violate Intl Law—China," News Bulletin, Sept. 1, 2005. 82. See Vladimir Radyuhin, "Pakistan Must Plug N-Leaks," The Hindu, Jan. 31, 2004. (LexisNexis News on-line search, page number not available). 83. "US Fails to Get Russia on Board in Fight Against Spread of WMD," Agence France Presse, Jan. 30, 2004 (LexisNexis News on-line search, page number not available). 84. See "Converting Threat into Cooperation," The Moscow Times, Apr. 9, 2004; Maria Pshenichnikova, "Russia, US Continue Contact on Bush-Proposed PSI," TASS, Apr. 10, 2004; and "Top Russian diplomat urges tighter controls over WMD-related materials," BBC Monitoring Former Soviet Union—Political, April 10, 2004 (Text of report by ITAR-TASS news agency, Moscow, in Russian, April 10, 2004). 85. "On Russia's Participation in Proliferation Security Initiative (PSI)," supra note 41. 86. Ibid. 87. The Sino-Russian Statement on New World Order is available at www.chinanews.cn/news/2004/2005-07-02/7048.shtml. Also, see "China, Russia, and the Shanghai Agenda," The Hindu, July 4, 2005. 88. The Convention is not in force. For the text and summary of International Convention for the Suppression of Acts of Nuclear Terrorism (New York, April 13, 2005), visit United Nations Treaty Collection: Convention on Terrorism, available at: http://untrety.un.org/English/Terrorism.asp 89. For details see "The Global Initiative to Combat Nuclear Terrorism," Fact Sheet, Office of the Press Secretary, The White House, July 15, 2006, available at www.state.gov/t/isn/rls/fs/69062.htm. 90. "Indo-US Proliferation Talks Soon," The Times of India, Mar. 30, 2004. 91. "Indo-US Proliferation Talks Soon," The Times of India, Mar. 30, 2004. 92. Daily Press Summary for April 14, 2004, Global News Wire, Apr. 13, 2004. 93. Achin Vanaik, an independent security analyst and political science professor at Delhi University, cited in Praful Bidwai, "Asia: Dropping Non-Alignment, India and U.S. Tighten Military Tie," Inter Press Services, July 4, 2005. 94. "New Framework for the U.S.-India Defense Relationship," June 28, 2005, available at www.indianembassy.org/press_release/2005/June/31.htm. 95. "Joint Statement Between President George W. Bush and Prime Minister Manmohan Singh," July 18, 2005, available at www.state.gov/p/sa/rls/pr/2005/49763.htm. 96. Robert G. Joseph, Under Secretary of State for Arms Control and International Security, Sept. 5, 2005, "Statement," House Committee on International Relations, Hearing on the U.S. and India: An Emerging Entente? available at wwwc.house.gov/international_relations/109/Jos090805.pdf. 97. Ibid. 98. HR 5682, United States and India Nuclear Cooperation Promotion Act of 2006 (Reported in the House), available at www.thomas.gov. 99. See S3709, An original bill to exempt from certain requirements of the Atomic Energy Act of 1954 United States exports of nuclear materials, equipment, and technology to India, and to implement the United States Additional Protocol, Title I: the United States-India Peaceful Atomic Energy Cooperation, SEC. 103. DECLARATION OF POLICY CONCERNING UNITED STATES-INDIA PEACEFUL ATOMIC ENERGY COOPERATION, available at www.thomas.gov. 100. Questions from Senator Lugar, supra note 18. 101. Bolton, supra note 19. 102. "Proliferation Security Initiative Frequently Asked Questions (FAQ), Fact Sheet," supra note 1. Respecting U.N. Security Council Resolution 1540, see supra note 34. 103. Benjamin Friedman, "The Proliferation Security Initiative: The Legal Challenge," A Policy Brief written for the Bipartisan Security Group, Sept. 4, 2003, at 8. 104. Devon Chaffee, "Freedom or Force on the High Seas? Arms Interdiction and International Law," Waging Peace, Web site of the Nuclear Age Peace Foundation, Aug. 15, 2003, available at www.wagingpeace.org/articles/03.08/0815chaffee_freedom-or-force.htm. The article also appears in Science for Democratic Action, vol. 12, no. 3, June 2004, at 1–10. 105. 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Valencia, "Pressing for Sea Change: Washington Seeks Rights to Interdict Suspect Foreign Ships," The Washington Times, Aug. 25, 2003, at A15; and Samuel E. Logan, "The Proliferation Security Initiative: Navigating the Legal Challenge," Journal of Transnational Law and Policy, vol. 14, 2005, at 253–274. 106. See the Web site of the Division for Ocean Affairs and the Law of the Sea, supra note 13. 107. 516 U.N.T.S. 205. 108. 450 U.N.T.S. 11. 109. See Michael A. Becker, "The Shifting Public Order of the Oceans: Freedom of Navigation and the Interdiction of Ships at Sea," Harvard International Law Journal, vol. 46, 2005, at 131; Ian Patrick Barry, "The Right of Visit, Search and Seizure of Foreign Flagged Vessels on the High Seas Pursuant to Customary International Law: A Defense of the Proliferation Security Initiative," and Hugo Caminos and Michael R. 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Member States of the United Nations were asked to present national reports no later than 6 months from the adoption of the Resolution (i.e, April 28, 2004) to the Committee on the steps they have taken or intend to take to implement the Resolution. On April 17, 2006, the UN Security Council adopted Resolution 1673, which extends the mandate of the 1540 Committee for a further 2 years until April 27, 2008. 116. Opened for signature in January 1993, entered into force on April 29, 1997. The text is available at www.opcw.org/html/db/cwc/eng/cwc_frameset.html. As of October 16, 2005, there were 174 states parties, including the United States. 117. Treaty on the Nonproliferation of Nuclear Weapons, supra note 72. As of September 2005, there were 189 states parties to this Treaty. 118. Opened for signature on April 10, 1972, entered into force March 26, 1975. The text is available at disarmament.un.org:8080/TreatyStatus.nsf. As of September 2005, there were 152 state parties to the Convention. 119. Statement of Interdiction Principles, supra note 35, para. 4(d). 120. UNCLOS, supra note 12, art. 56. 121. Ibid., art. 56, para. 2. 122. Ibid., Art. 220, para. 5, 6. 123. U.N. Security Council Resolution 1540, supra note 34. 124. UNCLOS, supra note 12, art. 86, 87. 125. See supra notes 51–56. 126. UNCLOS, supra note 12, art. 110, para. 1. 127. U.S.-Panama Agreement, supra note 52. 128. "Foreign Ministry Statement on Yinhe Affairs; Public Apology from USA Demanded," BBC Summary of World Broadcasts, Sept. 6, 1993. For detailed discussion on the incident, see Zhao Lihai, "On Legal Responsibility for the Yinhe Incident," Central Political Management Cadre Academy Review, 1994, at 36, 40–43 (in Chinese); Li Yin, "The Yinhe Incident and International Law: On State's Sovereignty, Freedom of Navigation, and State Responsibility," Politics and Law Journal, no. 3, 1994, at 61–64 (in Chinese); and Lin Fong, "The Yinhe Incident and International Law,"Law Review, no. 3, 1994, at 80–81 (in Chinese). 129. "All Crew Members of Suspect North Korean Ship Arrested," BBC Summary of World Broadcasts, July 10, 1999; "N.Korean Ship Taking Missile Parts to Pakistan: India," Japan Economic Newswire, July 10, 1999; and "Indian Seizes Suspect Missile Ship,"Courier Mail (Queensland, Australia), July 5, 1999. 130. See "International: Tensions Rise over North Korea Cargo," Lloyd's List, Sept. 6, 1999. 131. "Business News: Sea Views: ABS Hails Classification Societies Action," Gulf News, Feb. 28, 2000. 132. See Andrew Ward, "Ship Sparks Escalation in US-North Korea Dispute," Financial Times, Dec. 12, 2002, at. 5.; Peter Speigel, James Harding, and Mark Huband, "US Releases Cargo Ship Found with 15 Scuds," Financial Times, Dec. 12, 2002, at. 1; Barbara Slavin, "U.S. Lets Yemen Receive Missiles," USA Today, Dec. 12, 2002; and Brian Knowlton, "North Korean Ship Seized with Scuds," International Herald Tribune, Dec. 12, 2002, at. 1, 4. 133. See "Security—Box Seizure that Put Rogue State Libya on the Right Track," Lloyd's List, Jan. 15, 2004; "Nuke Components Headed to Libya Seized," The Mercury (Australia), Jan. 2, 2004; "Ship Incident May Have Swayed Libya: Centrifuges Intercepted in September," The Washington Post, Jan. 1, 2004; and Barry Schweid, "U.S. Nabbed Libya Nuke Parts," CBS News Online, Jan. 1, 2994, available at www.cbenews.com/stories/2004/01/14/world/main593139.shtml. 134. "False Claims of PSI Success," The Washington Times, Aug. 17, 2005, at A16. 135. See "US Praises Taiwan for Seizure of Chemicals Aboard North Korean Freighter," BBC Monitoring International Report, Aug. 13, 2003; James Brooke, "World Briefing Asia: Taiwan: Suspect Chemical taken from North Korean Freighter," The New York Times, Aug. 12, 2003, at. A6; and "Taiwan Seizes Chemical Cargo from N Korean Ship,"Channel NewsAsia, Aug. 13, 2003. 136. See "N Korea Condemns Taiwan's Cargo Seizure as US-Led 'criminal Act,"' Agence France Presse, Aug. 21, 2003; and "North Korea Criticized Taiwan, US over Search of Ship, Seizure of Cargo," BBC Monitoring International Reports, Aug. 21, 2003. 137. "Taiwan Part of Global Anti-Terrorism Actions—Minister," BBC Monitoring Asia Pacific—Political, Nov. 18, 2004 (LexisNexis online search, page number not available). 138. See "Explosive but Not Terrorists," Intelligence Online, July 4, 2003; and "This Ship Carried the Bombs," Turkish Daily News, Dec. 2003 Page: 1. 139. "'Black Ship' Down," Al-Ahram Weekly Online, July 10–16, 2003, no. 646, available at weekly.ahram.org.eg/2003/646/in3.htm. 140. "Greece Sets Free Jailed Azeri Sailors," BBC Monitoring International Reports, Dec. 26, 2003. 141. Greek Merchant Marine Minister George Anomeritis told reporters that "[t]he team discovered 680 tonnes of explosives and 18,000 detonators on board the ship, making it a floating 'nuclear bomb"' and that "[n]o one would call legal a cargo that is going around the Mediterranean for a month." Vasilis Kapralos, an explosives specialist, also said that "[i]f one detonator had gone off, … it would have caused the whole load to explode, resulting in a 2.5 kilometre shock wave and the disappearance of a small city from the map." "'Black ship' down," supra note 139. 142. "Comoros Authorities Say 'Baltic Sky' Not on Ship Registry," Athens News Agency, June 25, 2003. 143. See Boese, supra note 16. 144. 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