Armed On-board Protection of Dutch Vessels: Not Allowed Yet But Probably Forthcoming

9 Pages Posted: 30 Aug 2019

See all articles by Paul Mevis

Paul Mevis

Erasmus University Rotterdam (EUR)

Sari Eckhardt

Erasmus University Rotterdam, Students

Date Written: August 26, 2019

Abstract

This article provides an overview of the developments about the armed on-board protection of Dutch vessels under Dutch law. The Dutch position has changed over the years. In 2011, the starting point was that private security companies (PSCs) are not to be allowed. It was expected that adequate protection of Dutch vessels could be provided by vessel protection detachments (VPDs). Although not considered as an absolute statutory bar, the state monopoly on force was considered the main argument against PSCs. After optimising the use of VPDs and given the development in other countries, the approach changed into a 'VPS, unless …'-approach. Under the new Protection of Merchant Shipping Act that is expected to come into force in the second half of 2019, PSCs can be employed only if no VPS is available. This article gives an overview of the argumentation in this change of view over the years. It also explores the headlines, criteria and procedures of the new law and some other topics, including the position of the master under the upcoming law. In line with the other country reports, it enables the comparative study in the last article of this special issue.

Keywords: vessel protection, private armed guards, state monopoly on force, masters position, state control

Suggested Citation

Mevis, Paul and Eckhardt, Sari, Armed On-board Protection of Dutch Vessels: Not Allowed Yet But Probably Forthcoming (August 26, 2019). Erasmus Law Review, Vol. 11, No. 4, 2018, Available at SSRN: https://ssrn.com/abstract=3442950

Paul Mevis (Contact Author)

Erasmus University Rotterdam (EUR) ( email )

Burgemeester Oudlaan 50
3000 DR Rotterdam, Zuid-Holland 3062PA
Netherlands

Sari Eckhardt

Erasmus University Rotterdam, Students ( email )

Burgemeester Oudlaan 50
Rotterdam, 3062
Netherlands

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