Trading the Shield of Sovereignty for the Scales of Justice: A Proposal for Reform of International Sea Piracy Laws
Schulich School of Law at Dalhousie University; Schulich School of Law at Dalhousie University
September 16, 2009
University of San Francisco Maritime Law Journal, Vol. 21, No. 2, pp. 139-166, 2009
Bocconi School of Law Student-Edited Papers No. 2009-11/EN
Contemporary piracy represents a large and complex threat to international security. The crime has evolved to the extent that it no longer conforms to its antiquated definition, and the rationales that underlie the “high seas,” “private ends” and “two ships” requirements of the crime articulated within UNCLOS 1982 have no relevance in the new millennium. Piracy should be redefined to include the kinds of maritime crimes that are commonly perpetrated on the seas, and a very broad notion of universal jurisdiction should attach to the crime, such that any state would be permitted to enter the territorial sea of another state for the purpose of apprehending and prosecuting pirates.
Number of Pages in PDF File: 28
Keywords: piracy, pirates, Somalia, high seas, ransom, UNCLOS, territorial waterAccepted Paper Series
Date posted: September 17, 2009 ; Last revised: January 21, 2012
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