Toward An International Law of Piracy Sui Generis: How the Dual Nature of Maritime Piracy Law Enables Piracy to Flourish

57 Pages Posted: 26 Sep 2010 Last revised: 13 May 2011

Lucas Bento

New York University

Date Written: September 25, 2010

Abstract

This article explores the divergence between international and national legal responses to maritime piracy, and it addresses the benefits of a unified international legal framework. Current domestic, regional and international legal frameworks fail to adequately combat the nature and scale of maritime piracy, which increasingly impacts the shipping, global manufacturing and tourism industries and which governments now consider to be a serious problem. As of yet, no unified legal approach exists to address the problem of modern piracy. The crux of the argument advanced in this article is that an inadvertent – yet dangerous – bifurcation of legal developments has unfolded within the field of maritime piracy, consequently creating a body of law that lacks harmony.

Keywords: Maritime Piracy, International Law, Criminal Law, Law of the Sea, Piracy Law

JEL Classification: K33

Suggested Citation

Bento, Lucas, Toward An International Law of Piracy Sui Generis: How the Dual Nature of Maritime Piracy Law Enables Piracy to Flourish (September 25, 2010). Berkeley Journal of International Law (BJIL), Vol. 29, No. 2, 2011. Available at SSRN: https://ssrn.com/abstract=1682624

Lucas Bento (Contact Author)

New York University ( email )

Bobst Library, E-resource Acquisitions
20 Cooper Square 3rd Floor
New York, NY 10003-711
United States

Paper statistics

Downloads
748
Rank
25,764
Abstract Views
6,726