Abstract

http://ssrn.com/abstract=1474522
 


 



Trading the Shield of Sovereignty for the Scales of Justice: A Proposal for Reform of International Sea Piracy Laws


Mike Madden


Dalhousie University - Schulich School of Law

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

Abstract:     
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 water

Accepted Paper Series


Download This Paper

Date posted: September 17, 2009 ; Last revised: January 21, 2012

Suggested Citation

Madden, Mike, Trading the Shield of Sovereignty for the Scales of Justice: A Proposal for Reform of International Sea Piracy Laws (September 16, 2009). University of San Francisco Maritime Law Journal, Vol. 21, No. 2, pp. 139-166, 2009. Available at SSRN: http://ssrn.com/abstract=1474522

Contact Information

Mike Madden (Contact Author)
Dalhousie University - Schulich School of Law ( email )
6061 University Avenue
Halifax, Nova Scotia B3H 4H9
Canada
Feedback to SSRN


Paper statistics
Abstract Views: 1,515
Downloads: 239
Download Rank: 72,235

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.281 seconds