The Law and Practice of Piracy at Sea: European and International Perspectives

ISBN-13: 9781849464123 / Angielski / Twarda / 2014 / 414 str.

Panos Koutrakos; Achilles Skordas

Opis

Piracy at sea is a phenomenon which has steadily grown in significance, recently attracting the attention of international policy-makers. The financial cost of piracy was estimated to have reached $7 billion by 2011, not including the cost of protecting vessels, prosecuting and imprisoning pirates, and capacity-building in national and regional capacity anti-piracy efforts. Moreover, piracy is intrinsically linked to State failure and other pathologies bred by it, such as organized crime and terrorism. This collection of essays provides a comprehensive assessment of the legal and policy approaches to maritime anti-piracy measures that have been adopted by the EU and other international actors over the last few years: the EU and the UN Security Council have adopted policies aimed at tackling piracy * the EU has carried out maritime missions off the coast of Somalia * NATO has been deploying missions in the area since 2008 * the US has been leading Combined Maritime Forces * China has been carrying out an overseas mission in the Gulf of Aden since 2009 * a number of individual States, including India, Russia, and Japan, maintain vessels patrolling the area. However, piracy is by no means confined to the Horn of Africa, and the emphasis on the latter should not underestimate its repercussions in other areas, such as the Gulf of Guinea or South East Asia. The 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, etc.). 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, the book also emphasizes and draws upon the insights of the practice of counter-piracy by bringing together academic lawyers and the legal advisors of the main actors in the area. It will be of interest to legal scholars, political scientists, international relations theorists, decision-makers, and students. Subject: International Law, European Law, Maritime Law, Criminal Law, Public Law, International Affairs, Politics]

Spis treści

Introduction Panos Koutrakos and Achilles Skordas Part I: Piracy and International Norms 1 The Piracy Provisions of the UN Convention on the Law of the Sea— Fit for Purpose? Robin Churchill 2 Piracy and Terrorism Douglas Guilfoyle 3 Piracy and the Use of Force Alexander Proelss 4 Counter-piracy Operations and the Limits of International Humanitarian Law Thilo Marauhn Part II: National, Regional and International Approaches 5 The European Union’s Comprehensive Approach to Combating Piracy at Sea: Legal Aspects Ricardo Gosalbo-Bono and Sonja Boelaert 6 Transfer Agreements for Pirates Concluded by the EU—a Case Study on the Human Rights Accountability of the Common Security and Defence Policy Daniel Thym 7 Countering Piracy off the Coast of Somalia: A NATO Perspective Peter M Olson 8 International Law and US Responses to Piracy off the Coast of Somalia Gabriel Swiney 9 Piracy and the UK Andrew Murdoch 10 Fighting Piracy—The German Perspective Doris König and Tim René Salomon 11 Piracy and the East African Region Edwin Egede 12 Alternative Approaches to Piracy and Armed Robbery in Southeast Asian Waters and off the Horn of Africa: A Comparative Perspective David M Ong Part III: Rethinking the Main Tenets of Counter-piracy Approaches 13 The Dark Side of Counter-piracy Policies Achilles Skordas 14 Piracy in Global Law and Global Governance Jan Klabbers 15 Piracy and the Development of International Law Malcolm D Evans and Sofi a Galani