Piracy at the Intersection between International and National: Regional Enforcement of a Transnational Crime

Forthcoming in: 'Legal Responses to Transnational and International Crimes' (Elgar) edited by Harmen van der Wilt and Christophe Paulussen.

T.M.C. Asser Institute for International & European Law 2017-4

Posted: 2 Oct 2017

See all articles by Marta Bo

Marta Bo

T.M.C. Asser Institute

Date Written: September 2017

Abstract

In this chapter, the author rebuts the more orthodox view that piracy is an international crime. This article discusses piracy as a transnational crime and contrasts its features with those of international crimes. It further discusses the problematic issues resulting from the multi-layered transnational legal framework applicable to piracy at both the substantive and procedural level. The author concludes by suggesting that a regional adjudicative mechanism may respond to the flaws inherent in transnational criminal law, in its enforcement and adjudication, and ultimately ensure that the rights of suspected pirates are respected and protected.

Keywords: Piracy, transnational crimes, human rights, law of the sea, law enforcement at sea, universal jurisdiction, international crimes

JEL Classification: K14, K33

Suggested Citation

Bo, Marta, Piracy at the Intersection between International and National: Regional Enforcement of a Transnational Crime (September 2017). Forthcoming in: 'Legal Responses to Transnational and International Crimes' (Elgar) edited by Harmen van der Wilt and Christophe Paulussen.; T.M.C. Asser Institute for International & European Law 2017-4. Available at SSRN: https://ssrn.com/abstract=3044551

Marta Bo (Contact Author)

T.M.C. Asser Institute

R.J. Schimmelpennincklaan 20-22
Den Haag, 2517 JN
Netherlands

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