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Date: November 22, 2024 Fri
Time: 12:17 pm
Time: 12:17 pm
Results for martitime security
1 results foundAuthor: Lanham, Honor Title: Walk the Plank: Somali Pirates and International Law Summary: The perception of pirates as loveable rogues and swashbuckling sailors is a fanciful one. In reality, the piratical acts currently occurring off the coast of Somalia and in the Gulf of Aden present a major economic, humanitarian and security challenge to the global community. This is evidenced in the unprecedented international naval response. Currently, a naval coalition led by the United States of America (USA) and comprised of vessels and air support supplied by the European Union (EU), North Atlantic Treaty Organisation (NATO), India, China, Japan and Russia, amongst others, is patrolling affected sea tracts in the Horn of Africa. The upsurge in piracy and overwhelming naval response has thrown into stark relief the current international law framework governing piracy. Customary international law of the sea was codified in the 1982 United Nations (UN) Convention on the Law of the Sea (UNCLOS) referred to as “a constitution for the oceans.” With regard to a comprehensive definition of piracy, UNCLOS adopted the existing definition found in the 1958 UN Convention on the High Seas (UNCHS). That definition applies to both private ships and aircraft. While the inclusion of aircraft in the definition of piracy amounts to a progressive expansion of international law in this area, for the purposes of this dissertation, discussion shall solely focus on ships. The most distinctive aspect of the definition of piracy is that it is an offence confined to the high seas and thus outside the jurisdiction of any state. As well as defining piracy at international law, UNCLOS establishes enforcement and interdiction powers for the suppression of piracy and accordingly is the single most important international legal document in this area. Piracy was the first offence criminalised at international law and thus “inaugurates international criminal law.” It must be considered as distinct from any offence of piracy occurring in territorial waters recognised by domestic law. Part one of chapter one explores the historical development of the international crime of piracy and in particular the political interests which have determined its enforcement. Part two of chapter one establishes the extent of the Somali piracy epidemic. The serious economic, humanitarian and security threat piracy poses justifies current naval efforts and the need to support these efforts through the progressive development of international law which has occurred over the last 18 months. Chapter two traverses the key elements of the definition of piracy found in Art 101 of UNCLOS. It highlights controversy over the limited nature of that definition and justifies those limitations by reference to the historical antecedents of the offence of piracy. Importantly, this chapter highlights the fact that piracy should not be used as a vehicle to counter deficiencies in other areas of international law, namely terrorism. In chapter three, novel international and regional responses to piracy are assessed. In terms of international responses, in 2008 the UN Security Council (UNSC) began to respond to the challenges naval vessels were experiencing in suppressing piracy due to the limited nature of enforcement powers under UNCLOS. In particular, the UNSC has extended the ability of naval vessels to pursue pirates into territorial waters. The other notable international response is the use of bilateral prosecution agreements under which detained pirates are handed to Kenya for the purposes of prosecution. Finally, chapter three evaluates the Code of Conduct Concerning the Repression of Piracy and Armed Robbery Against Ships in the Western Indian Ocean and the Gulf of Aden established in January 2009 to coordinate regional responses to piracy. Having considered the origins of piracy, definitional issues and novel modern responses, chapter four proposes the establishment of an international piracy court. While UNCLOS defines piracy at international law, it is the responsibility of states to implement appropriate domestic laws which provide for the prosecution and sentencing of pirates. Empirically, states can be said to have failed in this respect. The inability and unwillingness of states to prosecute piracy, coupled with the highly questionable practice of handing states to Kenya for prosecution, justifies the creation of a specialised court. Details: New Zealand: University of Otago, 2009. 72p. Source: Bachelor of Laws Dissertation: Internet Resource: Accessed February 11, 2012 at http://www.otago.ac.nz/law/oylr/2009/Honor_Lanham.pdf Year: 2009 Country: International URL: http://www.otago.ac.nz/law/oylr/2009/Honor_Lanham.pdf Shelf Number: 124090 Keywords: Administration of JusticeCourtsInternational CrimeInternational LawMartitime SecurityPiracy (Somalia) |