Obligaciones internacionales relativas a la criminaidad en el mar y la actuacion del Ecuador

This research provides the necessary support, based on the scientific methodology to expose those crimes that are committed at sea, and more specifically on the high seas, considered the heritage of mankind. In the maritime sphere, crime must be considered with certain particularities, having crimes of universal jurisdiction -such as piracy or the transport of slaves, statelessness-, and others that are of obligatory repression by the States, according to International Law -such as drug trafficking, terrorism, organized crime, illegal migration and human trafficking, illegal, unreported and unregulated fishing, unlawful acts against the safety of navigation, illegal broadcasting-, leaving others as optional for the State of the vessel that will exercise the maritime police function -such as the case of crimes against the protection of the environment and biodiversity due to marine pollution, smuggling of goods, fuel, construction of non-permitted naval devices, maritime casualties, acts against the security of the Coastal State - but its action can only be carried out with the consent of its Flag State, except for actions for damages or compensation for violation or without proven cause. The powers of the State at sea, in the crime, merit observing multiple aspects, starting with the geographical area in which it is located, being the first analysis of jurisdiction and competence; the nationality of the alleged offender and of the vessel. These aspects have gray areas that are scarcely addressed. Thus, the exercise of sovereignty is considered as Flag State, Coastal State and Port State, with specifications according to the circumstances. Hence, it is essential to take into account the international sphere in order to confront the crime, as well as the domestic provisions, through adequate governance, aimed at obtaining the best mechanism to nullify this threat at sea. Ecuador is seeking to enter fully into the international order, embracing the corresponding standards. For this reason, it is necessary to emphasize and enunciate the multiple aspects that international law presents, especially with regard to the lawful uses of the sea, as well as the crimes that occur in the high seas, a space of common use of the international community, and thus highlight the responsibilities of control, verification and oversight. The case of Galapagos and its special protection is analyzed according to its different protection considerations, highlighting the illegal acts that could affect it. With this, according to the sovereign legislative power, specify the judicial authority and the legitimate actions to protect their interests or the legal property to be protected, within the scope of specific jurisdiction and according to the powers granted by the International Law of the Sea. It is verified, those actions considered as self-defense, whether of personal, group, state or community order, the first two, included in the internal scope of criminal law as grounds for exclusion of unlawfulness and the last two as literally individual and collective self-defense in the relations between States, according to the Charter of the United Nations Organization.