Piracy and Universal Jurisdiction

Tamsin Paige, 'Piracy and Universal Jurisdiction' 12 Macquarie Law Journal 131 (2013)

24 Pages Posted: 13 Oct 2014

See all articles by Tamsin Paige

Tamsin Paige

University of Adelaide - School of Law

Date Written: November 1, 2013

Abstract

This article will examine the history of piracy jure gentium and the law as it currently stands, showing that piracy does not lie within the realm of universal jurisdiction or international criminal law. The history component will separate the rhetoric of ‘pirates’ and ‘piracy’ from the legal definition, a practice that is often lacking in considerations of piracy jure gentium. The examination of the current law will explore the codification of piracy in UNCLOS, particularly the articulation of jurisdiction in Article 105 as it compares to the universal jurisdiction afforded other jus cogens crimes. From this it will be clear that piracy is not a crime of universal jurisdiction based on the heinousness of the crime, as is the case with international crimes, but rather a crime of concurrent municipal jurisdiction based on the stateless nature of the crime.

Keywords: Piracy, Universal Jurisdiction, Transnational Crime, International Law, International Criminal Law, Legal History, Concurrent Municipal Jurisdiction

Suggested Citation

Paige, Tamsin, Piracy and Universal Jurisdiction (November 1, 2013). Tamsin Paige, 'Piracy and Universal Jurisdiction' 12 Macquarie Law Journal 131 (2013). Available at SSRN: https://ssrn.com/abstract=2508084

Tamsin Paige (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

Register to save articles to
your library

Register

Paper statistics

Downloads
135
Abstract Views
548
rank
214,427
PlumX Metrics