The Law And Practice Of Piracy At Sea

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The Law and Practice of Piracy at Sea

Author : Panos Koutrakos
Publisher : Bloomsbury Publishing
ISBN 13 : 178225269X
Total Pages : 416 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Law and Practice of Piracy at Sea by : Panos Koutrakos

Download or read book The Law and Practice of Piracy at Sea written by Panos Koutrakos and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Law of International Sea Piracy

Author : Barry Hart Dubner
Publisher : BRILL
ISBN 13 : 9789024721917
Total Pages : 200 pages
Book Rating : 4.7/5 (219 download)

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Book Synopsis The Law of International Sea Piracy by : Barry Hart Dubner

Download or read book The Law of International Sea Piracy written by Barry Hart Dubner and published by BRILL. This book was released on 1980-02-14 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents an analysis of the maritime boundary delimitations of the Russian Federation. The focus of this analysis is the relationship between state practice & the rules of public international law applicable to the delimitation of maritime zones between neighboring states. A first part establishes the contents of the law in this field. The main part of the work concerns an analysis of the position of the Russian Federation on the rules of maritime delimitation law & the practice of this state in relation to the delimitation of specific maritime boundaries with neighboring states. The case study of the Russian Federation illustrates the significance of international law for the delimitation of maritime boundaries, while at the same time indicating the limits of the influence of the law on state behavior.

Modern Piracy

Author : Douglas Guilfoyle
Publisher : Edward Elgar Publishing
ISBN 13 : 1849804931
Total Pages : 369 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Modern Piracy by : Douglas Guilfoyle

Download or read book Modern Piracy written by Douglas Guilfoyle and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Maritime Piracy and the Construction of Global Governance

Author : Michael J. Struett
Publisher : Routledge
ISBN 13 : 1136278893
Total Pages : 250 pages
Book Rating : 4.1/5 (362 download)

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Book Synopsis Maritime Piracy and the Construction of Global Governance by : Michael J. Struett

Download or read book Maritime Piracy and the Construction of Global Governance written by Michael J. Struett and published by Routledge. This book was released on 2013-05-07 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Counter-Piracy Law in Practice

Author : Jessica Larsen
Publisher : Taylor & Francis
ISBN 13 : 1000843599
Total Pages : 124 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Counter-Piracy Law in Practice by : Jessica Larsen

Download or read book Counter-Piracy Law in Practice written by Jessica Larsen and published by Taylor & Francis. This book was released on 2023-03-03 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Prosecuting Maritime Piracy

Author : Michael P. Scharf
Publisher : Cambridge University Press
ISBN 13 : 110708122X
Total Pages : 385 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Prosecuting Maritime Piracy by : Michael P. Scharf

Download or read book Prosecuting Maritime Piracy written by Michael P. Scharf and published by Cambridge University Press. This book was released on 2015-06-09 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Violence at Sea

Author : Peter Lehr
Publisher : Routledge
ISBN 13 : 1135926468
Total Pages : 450 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis Violence at Sea by : Peter Lehr

Download or read book Violence at Sea written by Peter Lehr and published by Routledge. This book was released on 2006-11-02 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Violence at Sea is an overview of maritime piracy, examining threats that piracy poses to global security and commerce, as well as measures and policies to mitigate the threat. The essays analyze piracy activities in key shipping lanes (including the African coast, the Arabian Sea, the Bay of Bengal, and the Straits of Malacca-South China Sea); piratical groups and their capabilities; case studies on overlaps between piracy, terrorism, and organized crime; legal and policy hurdles to combating piracy; tactical recommendations for combating piracy; and new trends and developments in the area. The counter response to maritime terrorism has been slow in coming, hampered by issues rooted in sovereignty, the laws of the sea, and the inherent challenges of international coordination. Yet given the likelihood that threats posed by piracy will not recede, but rather increase, all actors affected by maritime security will, sooner or later, need to address these challenges.

Piracy and Armed Robbery at Sea

Author : Robin Geiss
Publisher : Oxford University Press
ISBN 13 : 0199609527
Total Pages : 340 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Piracy and Armed Robbery at Sea by : Robin Geiss

Download or read book Piracy and Armed Robbery at Sea written by Robin Geiss and published by Oxford University Press. This book was released on 2011-02-24 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Oxford Handbook of the Law of the Sea

Author : Donald Rothwell
Publisher : Oxford Handbooks in Law
ISBN 13 : 019871548X
Total Pages : 1073 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Oxford Handbook of the Law of the Sea by : Donald Rothwell

Download or read book The Oxford Handbook of the Law of the Sea written by Donald Rothwell and published by Oxford Handbooks in Law. This book was released on 2015 with total page 1073 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. ThisOxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. TheHandbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.

The Law of Piracy

Author : Alfred P. Rubin
Publisher :
ISBN 13 : 9781410225726
Total Pages : 0 pages
Book Rating : 4.2/5 (257 download)

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Book Synopsis The Law of Piracy by : Alfred P. Rubin

Download or read book The Law of Piracy written by Alfred P. Rubin and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: CONTENTS: Foreword Preface The Origins The Evolution of the Concept of Piracy in England The United States of America and the Law of Piracy British Practice in the Nineteenth Century "Piracy" in the Twentieth Century Appendices Abbreviations Bibliography Index Index of Cases Professor Alfred P. Rubin of the Fletcher School of Law and Diplomacy of Tufts University, the author of this volume, has contributed a work of exceptional scholarship that will long be regarded as an authoritative reference material not only with respect to the law of piracy, but to the whole of international law. Professor Rubin's work is considered to be informative, comprehensive, and provocative. Ronald J. Kurth Rear Admiral, U.S. Navy President, Naval War College

Ports, Piracy and Maritime War

Author : Thomas Heebøll-Holm
Publisher : BRILL
ISBN 13 : 9004248161
Total Pages : 311 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Ports, Piracy and Maritime War by : Thomas Heebøll-Holm

Download or read book Ports, Piracy and Maritime War written by Thomas Heebøll-Holm and published by BRILL. This book was released on 2013-05-17 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Ports, Piracy, and Maritime War Thomas K. Heebøll-Holm presents a study of maritime predation in English and French waters around the year 1300. Heebøll-Holm shows that piracy was often part of private wars between English, French, and Gascon ports and mariners, occupying a liminal space between crime and warfare.

Shipping Interdiction and the Law of the Sea

Author : Douglas Guilfoyle
Publisher : Cambridge University Press
ISBN 13 : 0521760194
Total Pages : 435 pages
Book Rating : 4.5/5 (217 download)

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Book Synopsis Shipping Interdiction and the Law of the Sea by : Douglas Guilfoyle

Download or read book Shipping Interdiction and the Law of the Sea written by Douglas Guilfoyle and published by Cambridge University Press. This book was released on 2009-08-13 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this comparative study of shipping interdiction, Douglas Guilfoyle considers the State action of stopping, searching and arresting foreign flag vessels and crew on the high seas in cases such as piracy, slavery, drug smuggling, fisheries management, migrant smuggling, the proliferation of weapons of mass destruction and maritime terrorism. Interdiction raises important questions of jurisdiction, including: how permission to board a foreign vessel is obtained; whether boarding State or flag State law applies during the interdiction (or whether both apply); and which State has jurisdiction to prosecute any crimes discovered. Rules on the use of force and protection of human rights, compensation for wrongful interdiction and the status of boarding State officers under flag State law are also examined. A unified and practical view is taken of the law applicable across existing interdiction regimes based on an extensive survey of state practice.

Piracy in Comparative Perspective

Author : Charles H. Norchi
Publisher : Editions Pedone/Hart
ISBN 13 : 9781849464420
Total Pages : 0 pages
Book Rating : 4.4/5 (644 download)

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Book Synopsis Piracy in Comparative Perspective by : Charles H. Norchi

Download or read book Piracy in Comparative Perspective written by Charles H. Norchi and published by Editions Pedone/Hart. This book was released on 2012-12-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new work presents a comprehensive approach to an age old disruption of the order of the oceans that was known to ancient Greece, Persia, the first Indian Empire, the Han Dynasty of China and the early European maritime powers. Many of the norms proscribing piratical acts that are codified in contemporary international law are vestiges of those earlier periods. Yet contemporary maritime piracy is more complex and intense. The International Maritime Bureau of the International Chamber of Commerce reported 439 reports of actual piracy attacks in 2011, most Somali based, and a higher number of attempts. This book presents perspectives on the problem by contributors from four continents, diverse legal cultures, and multiple disciplines. This volume appraises piracy from the comparative perspectives of those disciplines and from the standpoint of key participants in the social processes that are plagued by piracy-mariners, navies, ship owners and operators, policy makers and lawyers. Decision-making and operational measures cannot be separated from piracy's origins and continuing social impact. Thus the contributors bring clarity to the problem through the lenses of history, development, law, maritime security, fisheries, economics and ocean commerce. Maritime piracy initiatives are generating a great number of operational and institutional counter-measures and the diversity of stakeholder interests often complicates proposed solutions. Against that backdrop the contributors examine strategies - the range of available modalities to address and correct the problem - through the lenses of naval power, port state control, penal systems and development. And they appraise law - both national and international authoritative decision-making - viewing state practice, international regulations, tribunal judgments, custom and international conventions from the comparative perspectives of Africa, India, England, France and the United States. Piracy in Comparative Perspective is a collaboration of the Centre for Maritime and Oceanic Law (CDMO) of the University of Nantes (France) and the Center for Oceans and Coastal Law of the University of Maine School of Law (United States), prepared under the direction of Professor Charles H. NORCHI and Dr. Gwenaële PROUTIERE-MAULION.

Islamic Law of the Sea

Author : Hassan S. Khalilieh
Publisher : Cambridge University Press
ISBN 13 : 1108481450
Total Pages : 305 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Islamic Law of the Sea by : Hassan S. Khalilieh

Download or read book Islamic Law of the Sea written by Hassan S. Khalilieh and published by Cambridge University Press. This book was released on 2019-05-02 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering research brings into focus the Islamic contribution and influence in the development of the modern law of the sea.

International Law of the Sea

Author :
Publisher :
ISBN 13 : 9780779867066
Total Pages : pages
Book Rating : 4.8/5 (67 download)

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Book Synopsis International Law of the Sea by :

Download or read book International Law of the Sea written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Maritime Piracy

Author : Robert Haywood
Publisher : Routledge
ISBN 13 : 1136504249
Total Pages : 169 pages
Book Rating : 4.1/5 (365 download)

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Book Synopsis Maritime Piracy by : Robert Haywood

Download or read book Maritime Piracy written by Robert Haywood and published by Routledge. This book was released on 2013-03-01 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maritime Piracy is now a pressing global issue, and this work seeks to provide a concise and informative introduction to the area. Never truly having receded into a romanticized past, seaborne banditry’s rapid growth was stimulated by low risks and increasingly high rewards. Currently, obsolete, incomplete and complicating structures and norms of governance, together with advances in technology, enable a lucrative business model for pirates, as they effectively operate with impunity and claim increasing ransoms. Beginning with an overview and historical development of piracy and the relevant maritime governance structures, this work progresses to examine how 20th century shifts in global governance norms and structures eventually left the high seas open for predatory attacks on one of the worlds fastest growing and essential industries. Moving through contemporary debates about how to best combat piracy, the work concludes that the solution to a chronic global problem requires a long-term, holistic, and inclusive approach. Examining militaristic, legalist and humanitarian strategies and offering a critical evaluation of the various problems they bring, this work will be of great interest to all students and scholars of international law, international organizations and maritime security.

The International Law of the Sea

Author : Yoshifumi Tanaka
Publisher : Cambridge University Press
ISBN 13 : 1316299813
Total Pages : 549 pages
Book Rating : 4.3/5 (162 download)

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Book Synopsis The International Law of the Sea by : Yoshifumi Tanaka

Download or read book The International Law of the Sea written by Yoshifumi Tanaka and published by Cambridge University Press. This book was released on 2015-04-16 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition has been fully revised and updated to include the contemporary issues together with new cases delivered by international courts and tribunals, such as the ICJ, ITLOS and Arbitral Tribunals, treaties, UN resolutions, and other instruments. It retains the clear chapter structure of the first edition, but has expanded the topics on marine spaces beyond national jurisdiction, maritime delimitation, protection of the marine environment. A new concluding chapter has also been included and presents a perspective on the future development of the international law of the sea. Detailed footnotes and further reading sections, combined with illustrations and tables ensure understanding of the subject. By offering clarity of expression and academic rigour, The International Law of the Sea remains the best choice for students.