Prosecuting Maritime Piracy: Domestic Solutions to International Crimes

ISBN-13: 9781107081222 / Angielski / Twarda / 2015 / 384 str.

Michael P. Scharf; Milena Sterio; Michael Newton

Opis

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.

Spis treści

Part I. Defining the Crime of Piracy and Establishing Jurisdiction over the Crime of Piracy: 1. The governing international law on maritime piracy Sandra Lynn Hodgkinson; 2. The incorporation of international law to define piracy crimes, national laws, and the definition of piracy Sandra Lynn Hodgkinson; 3. Exercising universal jurisdiction over piracy Ved P. Nanda; 4. Incorporating international law to establish jurisdiction: a comparative examination of the laws of the Netherlands, South Korea, Tanzania, India, and Kenya Milena Sterio; Part II. The Pursuit, Arrest, and Pre-Trial Treatment of Pirates: 5. The use of force against pirates Laurie R. Blank; 6. The use of force by private parties against suspected pirates Mark V. Vlasic and Jeffrey DeSousa; 7. Transfer of suspected and convicted pirates Frederick Lorenz and Laura Eshbach; 8. Pirates' right to a speedy trial Milena Sterio; Part III. Legal Issues in Domestic Pirate Trials: 9. Evidentiary issues in piracy prosecutions Frederick Lorenz and Kelly Paradis; 10. Piracy and the problem of 'command responsibility' Michael A. Newton; 11. The issue of juvenile piracy Jon Bellish; Part IV. Sentencing and Post-Sentence Treatment of Convicted Pirates: 12. The problems of pirate punishment Eugene Kontorovich; 13. The potential for asylum seeking by convicted pirates Yvonne M. Dutton; 14. Conclusion Michael P. Scharf.