Combating Piracy on the High Seas


Book Description







The Interception of Vessels on the High Seas


Book Description

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.




Six Years at Sea... and Counting


Book Description

Well over six years of Chinese anti-piracy operations in the Gulf of Aden have directly supported People's Liberation Army Navy (PLAN) modernization goals and provided invaluable experience operating in distant waters. Lessons learned have spawned PLAN innovations in doctrine, operations, and international coordination. Many of the insights gleaned during deployments are applicable to security objectives closer to home; some officers enjoy promotion to important positions after returning. Anti-piracy operations have been a springboard for China to expand considerably its maritime security operations, from evacuating its citizens from Libya and Yemen to escorting Syrian chemical weapons to their destruction and participating in the search for Malaysia Airlines Flight 370. So great are the benefits to China's global maritime presence and enhanced image at home and abroad that when Gulf of Aden anti-piracy operations finally wind down, Beijing will have to develop new means to address its burgeoning overseas interests.




Private Anti-Piracy Navies


Book Description

The twenty-first century has seen a sharp rise in privatization of the military, especially of logistics and security functions during the U.S.-led wars in Iraq and Afghanistan. The outbreak of Somali piracy that started in 2008 has prompted a similar revolution in maritime security. Private security companies began operating armed escort vessels to protect merchant shipping against pirates off the Horn of Africa. Private Anti-Piracy Navies is intended to provide a contextualized understanding of the historical origins, current state, and future prospects of this fast-changing sector. Centuries ago, the British East India Company used a private navy against piracy in the same waters with much success. Yet since then, international law has evolved to more tightly regulate the use of force by civilians, and to afford greater protections to suspected pirates. Thus, the development of what are in effect private warships has presented numerous legal and regulatory problems. How can the companies that operate these vessels be effectively licensed? Under what circumstances should they be allowed to use lethal force? This book explains how regulators in industry and government have attempted to answer such questions, and highlights the remaining areas of uncertainty. It also addresses the economic factors that drive the struggle between pirates and anti-piracy forces. Of equal concern are operational considerations such as defensive tactics, logistics, and rules of engagement. Security companies must carefully balance rights concerns against the need to defend ships effectively. Partly due to the contribution of private security, piracy in the Indian Ocean has dropped significantly over the past two years, leading to widespread overconfidence. Governments under severe budget pressure may withdraw their naval task forces from the region prematurely, leading to a resurgence of Somali piracy. At the same time, pirates are wreaking havoc in the Gulf of Guinea off West Africa. The book concludes with an assessment of private naval forces’ prospects in these conflicts over the short term, as well as the implications for wider naval privatization in the long run.




Legal Challenges in Maritime Security


Book Description

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.




Maritime Piracy


Book Description

Maritime Piracy is now a pressing global issue, and this work seeks to provide a concise and informative introduction to the area. Never truly having receded into a romanticized past, seaborne banditry’s rapid growth was stimulated by low risks and increasingly high rewards. Currently, obsolete, incomplete and complicating structures and norms of governance, together with advances in technology, enable a lucrative business model for pirates, as they effectively operate with impunity and claim increasing ransoms. Beginning with an overview and historical development of piracy and the relevant maritime governance structures, this work progresses to examine how 20th century shifts in global governance norms and structures eventually left the high seas open for predatory attacks on one of the worlds fastest growing and essential industries. Moving through contemporary debates about how to best combat piracy, the work concludes that the solution to a chronic global problem requires a long-term, holistic, and inclusive approach. Examining militaristic, legalist and humanitarian strategies and offering a critical evaluation of the various problems they bring, this work will be of great interest to all students and scholars of international law, international organizations and maritime security.




Piracy and the Origins of Universal Jurisdiction


Book Description

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 IMLI Manual on International Maritime Law: The law of the sea


Book Description

This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact. The forthcoming Volume II will address shipping law; Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.




International Piracy on the High Seas


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