Piracy at sea and the limits of international law

Autor: Rytis Satkauskas
Rok vydání: 2010
Předmět:
Zdroj: Aegean Review of the Law of the Sea and Maritime Law. 1:217-235
ISSN: 1864-9629
1864-9610
DOI: 10.1007/s12180-010-0013-3
Popis: The world community is focused on piracy. In today’s interdependent world, this crime has once again unleashed itself on the maritime industry, putting people lives and economies at risk. The waters around Somalia and Nigeria are of extreme risk, and the Asian waters still remain an area of concern. The United Nations Security Council even declared piracy a threat to international peace and security. States, in the repression of piracy, do not operate in a legal vacuum. International law, as well as the national legislation of states, regulates the use of force at sea, defining the limits and conditions exercising criminal jurisdiction over pirates. In an attempt to fight impunity on the high seas, many states have started to revise their practices and adapt their laws. Calls are also rising to fill the “loopholes left by the United Nations Convention on the Law of the Sea”: to address in due manner piracy issues and guarantee adequate balance between the freedom of navigation and the need to ensure the security of their ships and seafarers. This article is an attempt to identify the shortcomings of the existing provisions on piracy provided in international documents, discuss their applicability in fighting the piracy (namely by their ability to ensure the necessary jurisdiction over the crimes at sea) and offer an opinion on possible ways of addressing impunity at sea, both by national and international legal instruments.
Databáze: OpenAIRE
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