This book addresses maritime piracy by focusing on the unique and fascinating issues arising in the course of domestic piracy prosecutions, from the pursuit and apprehension of pirates to their trial and imprisonment. It examines novel matters not addressed in other published works, such as the challenges in preserving and presenting evidence in piracy trials, the rights of pirate defendants, and contending with alleged pirates who are juveniles. A more thorough understanding of modern piracy trials and the precedent they have established is critical to scholars, practitioners, and the broader community interested in counter-piracy efforts, as these prosecutions are likely to be the primary judicial mechanism to contend with pirate activity going forward.
ÔThis book makes an important contribution to the legal literature not only for the ASEAN region but also for the world at large. Both editors, Robert Beckman and J. Ashley Roach, are highly knowledgeable and experienced in the international law pertaining to piracy and international crimes. The chapters they write combined with perspectives by authors from Greece, Sweden, Singapore, Philippines and elsewhere provide a broad but detailed review of the current law and policy as well as remaining challenges.Õ Ð Myron H. Nordquist, University of Virginia School of Law, US ÔThis book is an outstanding analysis of piracy and maritime crimes in the ASEAN region edited by two world-class law of the sea experts. It is must reading for anyone seriously interested in ending the scourge of piracy.Õ Ð John Norton Moore, University of Virginia and former United States Law of the Sea Ambassador ÔI can confidently say that this is the best book on the legal dimension of the problem of piracy in general, and of piracy in Southeast Asia and off the coast of Somalia in particular, and what we can do about it. Robert Beckman and Ashley Roach are two of the finest minds working in international law today. They have brought their knowledge and sharp analytical skills to edit a book of great relevance to the world's shipping industry, IMO, ASEAN and international lawyers and law enforcement agencies.Õ Ð Tommy Koh, United Nations Convention on the Law of the Sea Southeast Asian waters are critical for international trade and the global economy. Combating maritime crimes has always been a priority as well as a challenge for ASEAN member states. While much emphasis has been placed on enhancing operational cooperation against maritime crimes, the need for an effective legal framework to combat such maritime crimes has not been sufficiently examined. This book demonstrates that ASEAN member states can establish a legal framework to combat maritime crimes by ratifying and effectively implementing relevant global and regional conventions. It also explores the issues that ASEAN member states, and ASEAN as an organization, face in establishing such a framework and suggests suitable steps that can be taken to address such issues. This informative and detailed study will inform research and policy, and will appeal to government, treaty and policy officials, academics, researchers and students, as well as international and regional organizations concerned with piracy and other related maritime crimes, ocean affairs and the law of the sea.
This volume presents an analysis of the maritime boundary delimitations of the Russian Federation. The focus of this analysis is the relationship between state practice & the rules of public international law applicable to the delimitation of maritime zones between neighboring states. A first part establishes the contents of the law in this field. The main part of the work concerns an analysis of the position of the Russian Federation on the rules of maritime delimitation law & the practice of this state in relation to the delimitation of specific maritime boundaries with neighboring states. The case study of the Russian Federation illustrates the significance of international law for the delimitation of maritime boundaries, while at the same time indicating the limits of the influence of the law on state behavior.
Over more than three decades starting in the 1990s, thousands of robberies, acts of piracy, and other violent attacks against merchant vessels have been reported in many of the world’s waters. The grave danger of piracy poses a direct threat not only to the security and efficiency of marine transportation, but more seriously, to the lives of the men and woman carrying out this important function. This book collates ideas brought up by seafarers, shipowners, industry practitioners, government officials, academics, and researchers exchanged views and insights on the complex web of underlying factors behind the phenomenon of piracy. Piracy at Sea brings together a wide spectrum of maritime stakeholders, who present different aspects of the problem in an open manner and share their thoughts on how to deal with a truly complex situation. It encapsulates this collective wisdom in a publication that can serve as an easy reference for practitioners as well as researchers, and hopefully contribute to more concrete action.
ÔA number of books dealing with piracy have been published in recent years. This book stands out by the breadth of its coverage, which, unusually and much to be welcomed, includes detailed consideration of both public and private law. The book is also notable for the quality and range of expertise of its contributors, who are not only leading experts in the field but a mixture of academic and practising lawyers.Õ Ð Robin Churchill, The University of Dundee, UK ÔPiracy once again is posing serious threats to international trade, navigation and, of course, to the safety of seafarers. This collection of outstanding essays by outstanding scholars and practitioners examines the background to the re-emergence of piracy in South Asia, East and West Africa and explores the complex legal and practical challenges which crafting effective responses has presented. It is, quite simply, essential reading for anyone who is seriously interested in understanding and responding to one of the most pressing problems of our time.Õ Ð Malcolm Evans, University of Bristol, UK Modern Piracy is the first book to survey the law of maritime piracy from both public law and commercial law perspectives, as well as providing a contextual overview of piracy in major hotspots. Topics covered include issues of international law, law-enforcement cooperation, private armed security, ransoms, insurance and carriage of goods by sea. It provides a comprehensive introduction to the range of legal issues presented by the modern piracy menace and will be of interest to scholars and practitioners alike. Benefiting from a wide range of international expertise, this book will be of interest to public international law academics, government legal counsel, maritime commercial law practitioners, international relations academics as well as anyone interested in transnational organised crime.
In Piracy and the Origins of Universal Jurisdiction, Mark Chadwick relates a colourful account of how and why piracy on the high seas came to be considered an international crime subject to the principle of universal jurisdiction, prosecutable by any State in any circumstances.
The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.
Maritime security is a major challenge for the international community that cuts across a broad spectrum of scholarly disciplines and maritime operation. This volume provides in-depth analysis of current international and regional approaches to maritime security, cargo, port and supply chain security, maritime information sharing and capacity building. The work describes measures in place at multilateral and regional levels to improve information sharing and operational coordination regarding security threats to shipping, offshore installations and port facilities. Several chapters address measures aimed at reducing acts of piracy and armed robbery against shipping at sea. This edited volume contains articles by government officials, senior naval and coast guard commanders as well as by leading jurists and academics. One unique feature of this volume is that many of the contributions are by operational commanders with first–hand experience of the practical law enforcement problems involved in minimizing disruption to legitimate trade and business. This collection will appeal to all concerned with maritime security and the protection of vital international trade by sea. The CD accompanying the volume includes important documents such as the UN Convention on the Law of the Sea as well many PowerPoint presentations from the thirty-first annual Virginia conference held in Heidelberg, Germany, May 24-26, 2007.
Spanning from the Caribbean to East Asia and covering almost 3,000 years of history, from Classical Antiquity to the eve of the twenty-first century, Persistent Piracy is an important contribution to the history of the state formation as well as the history of violence at sea.
The 1570s marked the beginning of an age of pervasive piracy in the Mediterranean that persisted into the eighteenth century. Nowhere was more inviting to pirates than the Ottoman-dominated eastern Mediterranean. In this bustling maritime ecosystem, weak imperial defenses and permissive politics made piracy possible, while robust trade made it profitable. By 1700, the limits of the Ottoman Mediterranean were defined not by Ottoman territorial sovereignty or naval supremacy, but by the reach of imperial law, which had been indelibly shaped by the challenge of piracy. Piracy and Law in the Ottoman Mediterranean is the first book to examine Mediterranean piracy from the Ottoman perspective, focusing on the administrators and diplomats, jurists and victims who had to contend most with maritime violence. Pirates churned up a sea of paper in their wake: letters, petitions, court documents, legal opinions, ambassadorial reports, travel accounts, captivity narratives, and vast numbers of decrees attest to their impact on lives and livelihoods. Joshua M. White plumbs the depths of these uncharted, frequently uncatalogued waters, revealing how piracy shaped both the Ottoman legal space and the contours of the Mediterranean world.
