Full Description
Since 2008 increasing pirate activities in Somalia, the Gulf of Aden, and the Indian Ocean have once again drawn the international community's attention to piracy and armed robbery at sea. States are resolved to repress these impediments to the free flow of trade and navigation. To this end a number of multinational counter-piracy missions have been deployed to the region.
This book describes the enforcement powers that States may rely upon in their quest to repress piracy in the larger Gulf of Aden region. The piracy rules of the United Nations Convention on the Law of the Sea (UNCLOS) and the legal safeguards applicable to maritime interception operations are scrutinized before the analysis turns to the criminal prosecution of pirates and armed robbers at sea. The discussion includes so-called shiprider agreements, the transfers of alleged offenders to regional states, the jurisdictional bases for prosecuting pirates, and the feasibility of an international(ized) venue for their trial. In addressing a range of relevant issues, this book presents a detailed and comprehensive up-to-date analysis of the legal issues pertaining to the repression of piracy and armed robbery at sea and assesses whether the currently existing legal regime is still adequate to effectively counter piracy in the 21st century.
Contents
INTRODUCTION ; PART I: CURRENT EFFORTS TO COUNTER PIRACY IN SOMALIA AND THE GULF OF ADEN ; i Piracy in the Gulf of Aden ; ii Efforts to Counter Piracy in the Gulf of Aden ; iii Conclusion ; PART II: HISTORIC EVOLUTION OF LEGAL RULES RELATING TO PIRACY ; i Codification of Piracy Rules in the 20th Century ; ii Counter-Terrorism Rules Relevant for Violence against Ships and Persons on Board ; iii Regional Instruments ; iv Conclusion ; PART III: COUNTER-PIRACY ENFORCEMENT POWERS AND THEIR LEGAL CONSTRAINTS ; i Scope of Counter-Piracy Enforcement Powers ; ii Shiprider Agreements ; iii Legal Constraints on Counter-Piracy Enforcement Powers ; PART IV: THE CRIMINAL PROSECUTION OF PIRATES AND ARMED ROBBERS AT SEA ; i Adjudicative Jurisdiction over Pirates and Armed Robbers at Sea ; ii Possible Venues for the Criminal Prosecution of Piracy Suspects ; iii Transfers of Piracy Suspects ; CONCLUSION
