Piracy in the 21st Century: A Proposed Model of International Governance
Posted: 15 May 2020 Last revised: 26 Jun 2020
Date Written: April 19, 2020
Abstract
Piracy in international waters never went away, it continues to lead to the loss of goods transported on the high seas, the loss of lives, and jeopardizes the safety of international freight movement. The successful fight against Somali pirates did not prevent pirates from returning and attacking ships in other parts of the world, putting international commerce in jeopardy once again. There is a clear lack of leadership in dealing with this challenge. International forces such as the North Atlantic Treaty Organization (NATO) did not arrest pirates even when they had the opportunity to do so since political authorities were hesitant to make a firm decision concerning the legal and political basis for action in international waters. Several questions affected the motivation to combat piracy including ambiguity concerning the definition of pirates as civilians or illegal combatants, prosecution of the pirates, and which courts had jurisdiction. After describing the most significant legal challenges in the fight against piracy, the article suggests creating a mechanism that will make the fight against piracy an international consolidated effort rather than an action that is simply coordinated to one degree or another by multiple states. There is a need to establish an international legal council to deal continuously with the legal challenges connected to fighting piracy. The fast pace of military tactics used by pirates requires a more efficient mechanism than treaty law. A legal mechanism needs to include both a council that will define and legislate, and also oversee an international tribunal to fight piracy. An international force that will have a common command structure will ensure the effectiveness of an international fight against piracy.
Keywords: Piracy, International Law, Maritime Law, UNCLOS
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