The Law and Practice of Piracy at Sea

The Law and Practice of Piracy at Sea PDF Author: Panos Koutrakos
Publisher: Bloomsbury Publishing
ISBN: 1782252703
Category : Law
Languages : en
Pages : 657

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Book Description
This collection of essays provides a comprehensive assessment of the legal and policy approaches to maritime counter-piracy adopted by the EU and other international actors over the last few years. As the financial cost of Somali piracy for the maritime industry and the world economy as a whole was estimated to have reached $18 billion by 2010, the phenomenon of piracy at sea has steadily grown in significance and has recently attracted the attention of international policy makers. Moreover, piracy is intrinsically linked to state failure and other pathologies bred by it, such as organised crime and terrorism. This book adopts a holistic approach to the topic, examining approaches to piracy as these emerge in different geographical areas, as well as tackling the central issues which counter-piracy raises in terms of the most topical aspects of international law (international humanitarian law and armed conflict, piracy and terrorism, use of force). It also focuses on the approach of the EU, placing counter-piracy in its broader legal context. Providing a detailed doctrinal exploration of the issues which counter-piracy raises, it emphasises and draws upon the insights of the practice of counter-piracy by bringing together academic lawyers and the legal advisers of the main actors in the area (EU, US, NATO, UK). The book raises fundamental questions about the law and practice of international law: are the rules of the international law of the sea on piracy still relevant? To what extent has the shared interest of international actors in tackling piracy given rise to common practices? Do the interactions among the actors examined in the book suggest fragmentation or unity of the international legal order? Is it premature to view these interactions as signalling the gradual emergence of global law in the area? This common analytical frame of reference is underlined by the concluding part, which draws these threads together. The book will be of interest to legal scholars, political scientists and international relations theorists, as well as decision-makers and students of law, politics and international relations.

The Law and Practice of Piracy at Sea

The Law and Practice of Piracy at Sea PDF Author: Panos Koutrakos
Publisher: Bloomsbury Publishing
ISBN: 178225269X
Category : Law
Languages : en
Pages : 416

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Book Description
This collection of essays provides a comprehensive assessment of the legal and policy approaches to maritime counter-piracy adopted by the EU and other international actors over the last few years. As the financial cost of Somali piracy for the maritime industry and the world economy as a whole was estimated to have reached $18 billion by 2010, the phenomenon of piracy at sea has steadily grown in significance and has recently attracted the attention of international policy makers. Moreover, piracy is intrinsically linked to state failure and other pathologies bred by it, such as organised crime and terrorism. This book adopts a holistic approach to the topic, examining approaches to piracy as these emerge in different geographical areas, as well as tackling the central issues which counter-piracy raises in terms of the most topical aspects of international law (international humanitarian law and armed conflict, piracy and terrorism, use of force). It also focuses on the approach of the EU, placing counter-piracy in its broader legal context. Providing a detailed doctrinal exploration of the issues which counter-piracy raises, it emphasises and draws upon the insights of the practice of counter-piracy by bringing together academic lawyers and the legal advisers of the main actors in the area (EU, US, NATO, UK). The book raises fundamental questions about the law and practice of international law: are the rules of the international law of the sea on piracy still relevant? To what extent has the shared interest of international actors in tackling piracy given rise to common practices? Do the interactions among the actors examined in the book suggest fragmentation or unity of the international legal order? Is it premature to view these interactions as signalling the gradual emergence of global law in the area? This common analytical frame of reference is underlined by the concluding part, which draws these threads together. The book will be of interest to legal scholars, political scientists and international relations theorists, as well as decision-makers and students of law, politics and international relations.

The Law of International Sea Piracy

The Law of International Sea Piracy PDF Author: Barry Hart Dubner
Publisher: BRILL
ISBN: 9789024721917
Category : Law
Languages : en
Pages : 200

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Book Description
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.

Modern Piracy

Modern Piracy PDF Author: Douglas Guilfoyle
Publisher: Edward Elgar Publishing
ISBN: 1849804931
Category : Law
Languages : en
Pages : 369

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Book Description
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.

Maritime Piracy and the Construction of Global Governance

Maritime Piracy and the Construction of Global Governance PDF Author: Michael J. Struett
Publisher: Routledge
ISBN: 1136278893
Category : Political Science
Languages : en
Pages : 250

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Book Description
Piratical attacks have become more frequent, violent, costly and increasingly threaten to undermine order in the international system. Much attention has focused on Somalia, but piracy is a problem worldwide. Recent coordination efforts among states in South East Asia appear to have helped in the area, but elsewhere piracy has expanded. Interestingly, international law has long recognized piracy as a crime and provided tools for universal suppression, yet piracy persists. In this book, a handpicked group of leading experts in the field of International Relations use maritime piracy as a means to expose the incongruities in our understanding of global governance. Using broadly constructivist approaches to understand international actors’ responses to the challenges created by maritime piracy, the contributors question a number of myths and misconceptions around piracy and analyze the various ways that international law and organizations channel actors’ understandings of maritime piracy and their efforts to respond to it. In doing so, they expose some shaky foundations for IR theorists: how do we conceive of governance and legitimacy when they are delinked from the territorial aspect of the modern nation-state? What happens to prospects for cooperation when we get to the nitty-gritty questions of practice related to paying for trials, imprisoning and maintaining captured pirates, bearing the burden of policing sea-lanes, or even determining what constitutes a pirate? Does anyone have a monopoly on the legitimate use of force at sea, and how is that legitimacy constructed? Maritime Piracy and the Construction of Global Governance offers an improved theoretical understanding of the response of the international community to maritime piracy and broadens our understanding of the complex and sometimes countervailing motivations of all the actors involved, from international organizations and states down to the pirates themselves.

Counter-Piracy Law in Practice

Counter-Piracy Law in Practice PDF Author: Jessica Larsen
Publisher: Taylor & Francis
ISBN: 1000843599
Category : Law
Languages : en
Pages : 124

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Book Description
This book is a socio-legal study of counter-piracy. It takes as its case the law enforcement efforts after 2008 to suppress piracy off the coast of Somalia. Through ethnographic fieldwork, the book invites the reader onto a Danish warship patrolling the western Indian Ocean for piracy incidents and into the courtroom in Seychelles, where more than 150 suspects were prosecuted. The aim is to understand how counter-piracy worked in practice. The book uses assemblage theory to approach law as a social process and places emphasis on studying empirical enforcement practices over analysing legal provisions. This supplements existing scholarship on the legal aspects of counter-piracy. Scholarship has mainly examined applicable law governing counter-piracy. This book steps into the field to examine applied law. Its methodology renders visible areas of legal ambiguity and identifies practices that suggest impunity and question legal certainty. It thus contributes with new policy-relevant knowledge for international security governance. The relevance is one of urgency. Counter-piracy off Somalia has served as a governance paradigm, which is replicated in other maritime domains. Consideration of the implications for policy is therefore needed. The book will be of interest to policy-makers, security practitioners and scholars who share a methodological commitment to practice.

Prosecuting Maritime Piracy

Prosecuting Maritime Piracy PDF Author: Michael P. Scharf
Publisher: Cambridge University Press
ISBN: 110708122X
Category : Law
Languages : en
Pages : 385

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Book Description
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.

Maritime Safety, Security and Piracy

Maritime Safety, Security and Piracy PDF Author: Wayne Talley
Publisher: CRC Press
ISBN: 1135134413
Category : Law
Languages : en
Pages : 368

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Book Description
Security and other safety issues are more important than ever in the maritime industry. Maritime Safety, Security and Piracy is the first book to discuss safety, security and piracy in the maritime context. The book is divided into two parts, ships and ports, and covers issues such as: • Ship safety assessments • European ship safety • Ship accidents • Pirates’ behaviours • Port state control inspections • Port security • Port theft

Piracy and Armed Robbery at Sea

Piracy and Armed Robbery at Sea PDF Author: Robin Geiss
Publisher: Oxford University Press
ISBN: 0199609527
Category : History
Languages : en
Pages : 340

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Book Description
Piracy is no longer an archaic problem. This analysis of the legal issues surrounding the repression of piracy and armed robbery at sea assesses whether the existing legal regime can effectively counter piracy in the modern age.

The Law of Piracy

The Law of Piracy PDF Author: Alfred P. Rubin
Publisher:
ISBN: 9781410225726
Category : Law
Languages : en
Pages : 0

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Book Description
CONTENTS: Foreword Preface The Origins The Evolution of the Concept of Piracy in England The United States of America and the Law of Piracy British Practice in the Nineteenth Century "Piracy" in the Twentieth Century Appendices Abbreviations Bibliography Index Index of Cases Professor Alfred P. Rubin of the Fletcher School of Law and Diplomacy of Tufts University, the author of this volume, has contributed a work of exceptional scholarship that will long be regarded as an authoritative reference material not only with respect to the law of piracy, but to the whole of international law. Professor Rubin's work is considered to be informative, comprehensive, and provocative. Ronald J. Kurth Rear Admiral, U.S. Navy President, Naval War College