Counter Piracy Law In Practice

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Counter-Piracy Law in Practice

Author : Jessica Larsen
Publisher : Unknown
Page : 0 pages
File Size : 54,9 Mb
Release : 2023-04
Category : Electronic
ISBN : 1032226773

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Counter-Piracy Law in Practice by Jessica Larsen Pdf

"This book is a socio-legal study of counter-piracy. It takes as its case the law enforcement efforts after 2008 to suppress piracy off the coast of Somalia. Through ethnographic fieldwork, the book invites the reader onto a Danish warship patrolling the western Indian Ocean for piracy incidents and into the courtroom in Seychelles, where more than 150 suspects were prosecuted. The aim is to understand how counter-piracy worked in practice. The book uses assemblage theory to approach law as a social process and places emphasis on studying empirical enforcement practices over analysing legal provisions. This supplements existing scholarship on the legal aspects of counter-piracy. Scholarship has mainly examined applicable law governing counter-piracy. This book steps into the field to examine applied law. Its methodology renders visible areas of legal ambiguity and identifies practices which suggests impunity and questions legal certainty. It thus contributes with new policy-relevant knowledge for international security governance. The relevance is one of urgency. Counter-piracy off Somalia has served as a governance paradigm, which is replicated in other maritime domains. Consideration of the implications for policy is therefore needed. The book will be of interest to policy-makers, security practitioners and scholars, who share a methodological commitment to practice"--

The Law and Practice of Piracy at Sea

Author : Panos Koutrakos,Achilles Skordas
Publisher : Bloomsbury Publishing
Page : 657 pages
File Size : 51,7 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782252702

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The Law and Practice of Piracy at Sea by Panos Koutrakos,Achilles Skordas Pdf

This collection of essays provides a comprehensive assessment of the legal and policy approaches to maritime counter-piracy adopted by the EU and other international actors over the last few years. As the financial cost of Somali piracy for the maritime industry and the world economy as a whole was estimated to have reached $18 billion by 2010, the phenomenon of piracy at sea has steadily grown in significance and has recently attracted the attention of international policy makers. Moreover, piracy is intrinsically linked to state failure and other pathologies bred by it, such as organised crime and terrorism. This book adopts a holistic approach to the topic, examining approaches to piracy as these emerge in different geographical areas, as well as tackling the central issues which counter-piracy raises in terms of the most topical aspects of international law (international humanitarian law and armed conflict, piracy and terrorism, use of force). It also focuses on the approach of the EU, placing counter-piracy in its broader legal context. Providing a detailed doctrinal exploration of the issues which counter-piracy raises, it emphasises and draws upon the insights of the practice of counter-piracy by bringing together academic lawyers and the legal advisers of the main actors in the area (EU, US, NATO, UK). The book raises fundamental questions about the law and practice of international law: are the rules of the international law of the sea on piracy still relevant? To what extent has the shared interest of international actors in tackling piracy given rise to common practices? Do the interactions among the actors examined in the book suggest fragmentation or unity of the international legal order? Is it premature to view these interactions as signalling the gradual emergence of global law in the area? This common analytical frame of reference is underlined by the concluding part, which draws these threads together. The book will be of interest to legal scholars, political scientists and international relations theorists, as well as decision-makers and students of law, politics and international relations.

Counter-Piracy Law in Practice

Author : Jessica Larsen
Publisher : Taylor & Francis
Page : 124 pages
File Size : 42,6 Mb
Release : 2023-03-03
Category : Law
ISBN : 9781000843590

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Counter-Piracy Law in Practice by Jessica Larsen Pdf

This book is a socio-legal study of counter-piracy. It takes as its case the law enforcement efforts after 2008 to suppress piracy off the coast of Somalia. Through ethnographic fieldwork, the book invites the reader onto a Danish warship patrolling the western Indian Ocean for piracy incidents and into the courtroom in Seychelles, where more than 150 suspects were prosecuted. The aim is to understand how counter-piracy worked in practice. The book uses assemblage theory to approach law as a social process and places emphasis on studying empirical enforcement practices over analysing legal provisions. This supplements existing scholarship on the legal aspects of counter-piracy. Scholarship has mainly examined applicable law governing counter-piracy. This book steps into the field to examine applied law. Its methodology renders visible areas of legal ambiguity and identifies practices that suggest impunity and question legal certainty. It thus contributes with new policy-relevant knowledge for international security governance. The relevance is one of urgency. Counter-piracy off Somalia has served as a governance paradigm, which is replicated in other maritime domains. Consideration of the implications for policy is therefore needed. The book will be of interest to policy-makers, security practitioners and scholars who share a methodological commitment to practice.

Piracy and Armed Robbery at Sea

Author : Robin Geiss,Anna Petrig
Publisher : Oxford University Press
Page : 340 pages
File Size : 52,6 Mb
Release : 2011-02-24
Category : History
ISBN : 9780199609529

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Piracy and Armed Robbery at Sea by Robin Geiss,Anna Petrig Pdf

Piracy is no longer an archaic problem. This analysis of the legal issues surrounding the repression of piracy and armed robbery at sea assesses whether the existing legal regime can effectively counter piracy in the modern age.

Modern Piracy

Author : Douglas Guilfoyle
Publisher : Edward Elgar Publishing
Page : 369 pages
File Size : 45,6 Mb
Release : 2013-01-01
Category : Law
ISBN : 9781849804936

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Modern Piracy by Douglas Guilfoyle Pdf

ÔA number of books dealing with piracy have been published in recent years. This book stands out by the breadth of its coverage, which, unusually and much to be welcomed, includes detailed consideration of both public and private law. The book is also notable for the quality and range of expertise of its contributors, who are not only leading experts in the field but a mixture of academic and practising lawyers.Õ Ð Robin Churchill, The University of Dundee, UK ÔPiracy once again is posing serious threats to international trade, navigation and, of course, to the safety of seafarers. This collection of outstanding essays by outstanding scholars and practitioners examines the background to the re-emergence of piracy in South Asia, East and West Africa and explores the complex legal and practical challenges which crafting effective responses has presented. It is, quite simply, essential reading for anyone who is seriously interested in understanding and responding to one of the most pressing problems of our time.Õ Ð Malcolm Evans, University of Bristol, UK Modern Piracy is the first book to survey the law of maritime piracy from both public law and commercial law perspectives, as well as providing a contextual overview of piracy in major hotspots. Topics covered include issues of international law, law-enforcement cooperation, private armed security, ransoms, insurance and carriage of goods by sea. It provides a comprehensive introduction to the range of legal issues presented by the modern piracy menace and will be of interest to scholars and practitioners alike. Benefiting from a wide range of international expertise, this book will be of interest to public international law academics, government legal counsel, maritime commercial law practitioners, international relations academics as well as anyone interested in transnational organised crime.

The Law and Practice of Piracy at Sea

Author : Panos Koutrakos,Achilles Skordas
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 48,6 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782252696

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The Law and Practice of Piracy at Sea by Panos Koutrakos,Achilles Skordas Pdf

This collection of essays provides a comprehensive assessment of the legal and policy approaches to maritime counter-piracy adopted by the EU and other international actors over the last few years. As the financial cost of Somali piracy for the maritime industry and the world economy as a whole was estimated to have reached $18 billion by 2010, the phenomenon of piracy at sea has steadily grown in significance and has recently attracted the attention of international policy makers. Moreover, piracy is intrinsically linked to state failure and other pathologies bred by it, such as organised crime and terrorism. This book adopts a holistic approach to the topic, examining approaches to piracy as these emerge in different geographical areas, as well as tackling the central issues which counter-piracy raises in terms of the most topical aspects of international law (international humanitarian law and armed conflict, piracy and terrorism, use of force). It also focuses on the approach of the EU, placing counter-piracy in its broader legal context. Providing a detailed doctrinal exploration of the issues which counter-piracy raises, it emphasises and draws upon the insights of the practice of counter-piracy by bringing together academic lawyers and the legal advisers of the main actors in the area (EU, US, NATO, UK). The book raises fundamental questions about the law and practice of international law: are the rules of the international law of the sea on piracy still relevant? To what extent has the shared interest of international actors in tackling piracy given rise to common practices? Do the interactions among the actors examined in the book suggest fragmentation or unity of the international legal order? Is it premature to view these interactions as signalling the gradual emergence of global law in the area? This common analytical frame of reference is underlined by the concluding part, which draws these threads together. The book will be of interest to legal scholars, political scientists and international relations theorists, as well as decision-makers and students of law, politics and international relations.

Prosecuting Maritime Piracy

Author : Michael P. Scharf,Michael A. Newton,Milena Sterio
Publisher : Cambridge University Press
Page : 385 pages
File Size : 47,7 Mb
Release : 2015-06-09
Category : Law
ISBN : 9781107081222

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Prosecuting Maritime Piracy by Michael P. Scharf,Michael A. Newton,Milena Sterio Pdf

This book addresses maritime piracy by focusing on the unique and fascinating issues arising in the course of domestic piracy prosecutions, from the pursuit and apprehension of pirates to their trial and imprisonment. It examines novel matters not addressed in other published works, such as the challenges in preserving and presenting evidence in piracy trials, the rights of pirate defendants, and contending with alleged pirates who are juveniles. A more thorough understanding of modern piracy trials and the precedent they have established is critical to scholars, practitioners, and the broader community interested in counter-piracy efforts, as these prosecutions are likely to be the primary judicial mechanism to contend with pirate activity going forward.

Maritime Piracy and the Construction of Global Governance

Author : Michael J. Struett,Jon D. Carlson,Mark T. Nance
Publisher : Routledge
Page : 250 pages
File Size : 54,8 Mb
Release : 2013-05-07
Category : Political Science
ISBN : 9781136278891

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Maritime Piracy and the Construction of Global Governance by Michael J. Struett,Jon D. Carlson,Mark T. Nance Pdf

Piratical attacks have become more frequent, violent, costly and increasingly threaten to undermine order in the international system. Much attention has focused on Somalia, but piracy is a problem worldwide. Recent coordination efforts among states in South East Asia appear to have helped in the area, but elsewhere piracy has expanded. Interestingly, international law has long recognized piracy as a crime and provided tools for universal suppression, yet piracy persists. In this book, a handpicked group of leading experts in the field of International Relations use maritime piracy as a means to expose the incongruities in our understanding of global governance. Using broadly constructivist approaches to understand international actors’ responses to the challenges created by maritime piracy, the contributors question a number of myths and misconceptions around piracy and analyze the various ways that international law and organizations channel actors’ understandings of maritime piracy and their efforts to respond to it. In doing so, they expose some shaky foundations for IR theorists: how do we conceive of governance and legitimacy when they are delinked from the territorial aspect of the modern nation-state? What happens to prospects for cooperation when we get to the nitty-gritty questions of practice related to paying for trials, imprisoning and maintaining captured pirates, bearing the burden of policing sea-lanes, or even determining what constitutes a pirate? Does anyone have a monopoly on the legitimate use of force at sea, and how is that legitimacy constructed? Maritime Piracy and the Construction of Global Governance offers an improved theoretical understanding of the response of the international community to maritime piracy and broadens our understanding of the complex and sometimes countervailing motivations of all the actors involved, from international organizations and states down to the pirates themselves.

Routledge Handbook of Naval Strategy and Security

Author : Joachim Krause,Sebastian Bruns
Publisher : Routledge
Page : 398 pages
File Size : 49,9 Mb
Release : 2016-03-17
Category : History
ISBN : 9781317555384

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Routledge Handbook of Naval Strategy and Security by Joachim Krause,Sebastian Bruns Pdf

This new handbook provides a comprehensive overview of the issues facing naval strategy and security in the twenty-first century. Featuring contributions from some of the world’s premier researchers and practitioners in the field of naval strategy and security, this handbook covers naval security issues in diverse regions of the world, from the Indian Ocean and the Mediterranean to the Arctic and the piracy-prone waters off East Africa’s coast. It outlines major policy challenges arising from competing claims, transnational organized crime and maritime terrorism, and details national and alliance reactions to these problems. While this volume provides detailed analyses on operational, judicial, and legislative consequences that contemporary maritime security threats pose, it also places a specific emphasis on naval strategy. With a public very much focused on the softer constabulary roles naval forces play (such as humanitarian assistance, disaster relief, naval diplomacy, maintenance of good order at sea), the overarching hard-power role of navies has been pushed into the background. In fact, navies and seapower have been notably absent from many recent academic discussions and deliberations of maritime security. This handbook provides a much-desired addition to the literature for researchers and analysts in the social sciences on the relationship between security policy and military means on, under, and from the sea. It comprehensively explains the state of naval security in this maritime century and the role of naval forces in it. This book will be of much interest to students of naval security and naval strategy, security studies and IR, as well as practitioners in the field.

Routledge Handbook of Maritime Security

Author : Ruxandra-Laura Boşilcă,Susana Ferreira,Barry J. Ryan
Publisher : Taylor & Francis
Page : 367 pages
File Size : 42,9 Mb
Release : 2022-07-25
Category : Political Science
ISBN : 9781000593495

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Routledge Handbook of Maritime Security by Ruxandra-Laura Boşilcă,Susana Ferreira,Barry J. Ryan Pdf

This handbook offers a critical and substantial analysis of maritime security and documents the most pressing strategic, economic, socio-cultural and legal questions surrounding it. Written by leading international experts, this comprehensive volume presents a wide variety of theoretical positions on maritime security, detailing its achievements and outlining outstanding issues faced by those in the field. The book includes studies which cover the entire spectrum of activity along which maritime security is developing, including, piracy, cyber security, energy security, terrorism, narco-subs and illegal fishing. Demonstrating the transformative character and potential of the topic, the book is divided into two parts. The first part exhibits a range of perspectives and new approaches to maritime security, and the second explores emerging developments in the practice of security at sea, as well as regional studies written by local maritime security experts. Taken together, these contributions provide a compelling account of the evolving maritime security environment, casting fresh light on theoretical and empirical aspects. The book will be of much interest to practitioners and students of maritime security, naval studies, security studies, maritime history, and International Relations in general.

Somali Piracy

Author : Jade Lindley
Publisher : Routledge
Page : 208 pages
File Size : 48,9 Mb
Release : 2016-06-23
Category : Law
ISBN : 9781134806843

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Somali Piracy by Jade Lindley Pdf

Maritime piracy off the coast of Somalia was first recognised as a global concern in 2008 after the hijackings of World Food Programme vessels. It remains a serious impediment to international maritime trade and a significant risk to seafarers. Bringing a criminological perspective to the subject, this book presents an analysis of Somali piracy by means of Routine Activity Theory and regulatory pluralism. Based on data from a range of sources, including published documents and in-depth interviews with representatives of industry, government, and international organisations, the study concludes that no one institution or policy will suffice to control Somali piracy. Accordingly, a number of different actors and institutions have a role to play in reducing the supply of motivated offenders, the vulnerability of prospective victims, and in enhancing guardianship. The book envisages a holistic counter-piracy program based on a pluralistic regulatory model that is sustainable within the region, and managed by the region, providing the best opportunity for both the immediate future, and for long-term success. This study will be essential reading for criminologists, public policy and legal scholars, as well as policy makers and regulators in countries affected by and dealing with piracy, and international professional advocacy groups operating in the maritime space.

The International Law of the Sea

Author : Yoshifumi Tanaka
Publisher : Cambridge University Press
Page : 549 pages
File Size : 40,5 Mb
Release : 2015-04-16
Category : Law
ISBN : 9781107080409

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The International Law of the Sea by Yoshifumi Tanaka Pdf

A systematic examination of all topics in law of the sea courses, fully updated to include contemporary issues.

Piracy at Sea

Author : Maximo Q. Mejia, Jr.,Chie Kojima,Mark Sawyer
Publisher : Springer Science & Business Media
Page : 309 pages
File Size : 43,5 Mb
Release : 2013-11-22
Category : Law
ISBN : 9783642396205

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Piracy at Sea by Maximo Q. Mejia, Jr.,Chie Kojima,Mark Sawyer Pdf

​Over more than three decades starting in the 1990s, thousands of robberies, acts of piracy, and other violent attacks against merchant vessels have been reported in many of the world’s waters. The grave danger of piracy poses a direct threat not only to the security and efficiency of marine transportation, but more seriously, to the lives of the men and woman carrying out this important function. This book collates ideas brought up by seafarers, shipowners, industry practitioners, government officials, academics, and researchers exchanged views and insights on the complex web of underlying factors behind the phenomenon of piracy. Piracy at Sea brings together a wide spectrum of maritime stakeholders, who present different aspects of the problem in an open manner and share their thoughts on how to deal with a truly complex situation. It encapsulates this collective wisdom in a publication that can serve as an easy reference for practitioners as well as researchers, and hopefully contribute to more concrete action.​

Hostages and Human Rights

Author : Sofia Galani
Publisher : Cambridge University Press
Page : 271 pages
File Size : 50,9 Mb
Release : 2021-07-08
Category : Law
ISBN : 9781108497213

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Hostages and Human Rights by Sofia Galani Pdf

The first comprehensive study of the human rights of hostages.

Maritime Interception and the Law of Naval Operations

Author : Martin Fink
Publisher : Springer
Page : 317 pages
File Size : 54,6 Mb
Release : 2018-08-29
Category : Law
ISBN : 9789462652491

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Maritime Interception and the Law of Naval Operations by Martin Fink Pdf

This book considers the international law applicable to maritime interception operations (MIO) conducted on the high seas and within the context of international peace and security, MIO being a much-used naval operational activity employed within the entire spectrum of today's conflicts. The book deals with the legal aspects flowing from the boarding and searching of foreign-flagged vessels and the possible arrest of persons and confiscation of goods, and analyses the applicable law with regard to maritime interception operations through the legal bases and legal regimes. Considered are MIO undertaken based on, for instance, the UN Collective Security System (maritime embargo operations), self-defence and (ad-hoc) consent, and within the context of legal regimes various views are provided on the right of visit, the use of force and the use of detention. This volume, which has contemporary naval operations as its central focus and structures the analysis as a sub-discipline of the international law of military operations, will be of great interest both to academics, practitioners and policy advisors working or involved in the field of military and naval operations, and to those professionals wanting to learn more about the international law of military operations, naval operations, and the law of the sea and maritime security. Martin Fink is a naval and legal officer in the Royal Netherlands Navy.