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Results for piracy (somalia)

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Author: Oceans Beyond Piracy, One Earth Future Foundation

Title: The Economic Cost of Somali Piracy 2011

Summary: This report is One Earth Future Foundation’s (OEF) second assessment of the Economic Cost of Piracy. It estimates that Somali piracy cost between $6.6 and $6.9 billion in 2011. Our previous report on the Economic Cost of Piracy in 2010, estimated that piracy cost the world $7 - $12 billion. That initial report generated a significant amount of dialogue and feedback on the cost of piracy. This report is the result of extensive research conducted by OEF with the collaborative participation of multiple different stakeholders, and includes significant contributions made by commentators, experts, and others impacted by piracy. It assesses nine different direct cost factors, and is focused specifically on the economic impact of Somali piracy. While the report assesses the cost of piracy for the year of 2011, there were significant changes and developments in piracy throughout that year, and in many ways 2011 was the ‘tale of two years’: Overall, 2011 saw an increase in attacks by Somali pirates. This was driven by a rapid escalation in the number of hostages and hijackings in the first quarter of 2011. As expected, hijackings declined during the monsoon period. But in the last quarter of the year, the anticipated resurgence of piracy following the monsoon period did not eventuate. A number of factors may explain this pattern, including an extended period of monsoonal rough weather off the coast of Somalia, and the use of deterrence mechanisms such as private armed security. Other developing trends throughout the year included an altered re-routing model where ships transited close to the western Indian coastline (rather than around the Cape of Good Hope); and pirates’ changing use of mother ships from large vessels to smaller fishing boats. Further, 2011 saw a more aggressive response from military forces conducting counter-piracy missions in the region. The project finds that of the total costs of Somali piracy in 2011, the shipping industry bore over 80% of these costs, or between $5.3 and $5.5 billion.

Details: Broomfield, CO: One Earth Future Foundation, Oceans Beyond Piracy, 2011. 62p.

Source: Working Paper, One Earth Foundation: Internet Resource: Accessed February 10, 2012 at http://oceansbeyondpiracy.org/sites/default/files/economic_cost_of_piracy_2011.pdf

Year: 2011

Country: International

URL: http://oceansbeyondpiracy.org/sites/default/files/economic_cost_of_piracy_2011.pdf

Shelf Number: 124078

Keywords:
Costs of Crime
Maritime Crime
Maritime Security
Piracy (Somalia)
Transportation Security

Author: 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 Justice
Courts
International Crime
International Law
Martitime Security
Piracy (Somalia)

Author: Hallerberg, Mary K.

Title: Maritime Piracy: Examining the U.S. Response to a Global Threat

Summary: Recent high profile maritime hijackings off the coast of Somalia and in the Gulf of Aden have sharpened U.S. and international focus on the long-standing, but growing problem of maritime piracy. Despite an extensive record of anti-piracy efforts by the U.S. and other nations around the globe, piracy continues to challenge the U.S. and the international community in the 21st Century. This paper will examine the U.S. response to the global threat of piracy. Analysis will include an evaluation of U.S. policies and the effectiveness of implemented strategies to counter the assessed threat posed by maritime piracy, with particular emphasis on the escalating activity off the Horn of Africa. Finally, this study will propose indicators that could necessitate a modification in strategy in order to counter a change in the threat environment.

Details: Carlisle, PA: U.S. Army War College, 2010. 32p.

Source: Strategy Research Project: Internet Resource: Accessed March 13, 2012 at http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA522024

Year: 2010

Country: United States

URL: http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA522024

Shelf Number: 124528

Keywords:
Law Enforcement
Maritime Piracy (Somalia)
Piracy (Somalia)

Author: Great Britain. House of Lords. European Union Committee

Title: Turning the Tide on Piracy, Building Somalia's Future: Follow-Up Report on the EU's Operation Atalanta and Beyond

Summary: Operation Atalanta is the EU’s first naval operation. It was launched in 2008 under UK leadership, with the purpose of protecting World Food Programme ships delivering aid to Somalia, and preventing and combating piracy off the Somali coast. The Committee first reported on Atalanta in April 2010, when we outlined a number of concerns about the mission and the situation in Somalia. Since then two further EU missions have been launched, one, based in Uganda, to train Somali security forces, (EUTM Somalia), and one to support regional maritime capacity-building in the Horn of Africa and Western Indian Ocean states (EUCAP Nestor). In this report we welcome the progress made in reducing the number of pirated ships as a result of efforts by the international naval task forces, including Atalanta, and by the shipping industry, which has increasingly used ship protection measures. In June 2012 eight pirated vessels and 215 hostages were held, compared with 23 vessels and 501 hostages in June the previous year. We consider that Operation Atalanta must be continued up to and beyond the expiry of its current mandate in December 2014 in order to avoid an upsurge in pirate activity. We welcome the increased involvement of Somalia’s neighbours, led by the Seychelles, in conducting piracy trials, though we have doubts about the transfer of sentenced pirates back to Somalia. We also have concerns about the problems created for the countries involved by the higher standards of prisons for pirates than for their other prisoners. We believe that some measure of rehabilitation should be established, especially for younger pirates, though we recognise that imprisonment needs to be a real deterrent. We note with satisfaction the extent of practical international cooperation in countering piracy, including by China, and the cooperation with regional organisations such as the African Union. We believe, however, that the Gulf States should make a greater effort to assist in solving the problems of piracy and Somalia. We concluded in our previous report that piracy would not be ended until the root causes of the problems in Somalia were successfully tackled. Since that report, the EU has developed its activity by formulating a Strategy for the Horn of Africa and appointing a Special Representative for the area, as well as launching EUTM Somalia and EUCAP Nestor. We believe that the missions should be taken forward pro-actively and that the EU’s development aid should focus on providing alternative livelihoods for the Somali people. These missions must continue until the incentives for piracy are removed and the coastal states of the region are able to police their own coastlines. Taken together, we welcome these developments as assisting the necessary comprehensive solution to Somalia’s problems under the EU’s Common Foreign and Security Policy.

Details: London: The Stationery Office, 2012. 35p.

Source: HL Paper 43: Internet Resource: Accessed December 20, 2012 at http://www.publications.parliament.uk/pa/ld201213/ldselect/ldeucom/43/43.pdf

Year: 2012

Country: Somalia

URL: http://www.publications.parliament.uk/pa/ld201213/ldselect/ldeucom/43/43.pdf

Shelf Number: 127242

Keywords:
Maritime Crime
Maritime Piracy (Somalia)
Maritime Security
Piracy (Somalia)