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Re-Assessment Of Acts Of Piracy Under Contemporary International Law With Particular Reference To Activities Of Somali Pirates, Nutcha Sukhawattanakun

Theses and Dissertations

In this work, I present a range of guidance aimed at addressing maritime security which concerns Somali piracy and armed robbery against ships; this includes guidance to governments, ship owners and ship operators, shipmasters and crews on preventing and suppressing piracy and armed robbery against ships; investigation of offences and the use of armed personnel should be granted and enacted into law which are binding on all state parties internationally and regionally. These recommendations should promote the development of the international shipping industry, and bring peace to the Gulf of Aden.

Davey Jones’S Lockup: Changing The U.S. Approach To Prosecution And Punishment Of Maritime Piracy In Universal Jurisdiction Cases, Collin Mccarthy

Golden Gate University Law Review

Recognizing the need for the United States government to take a leadership role in confronting and suppressing the resurging threat of maritime piracy, this Comment evaluates the current status of maritime piracy laws in the United States. Moreover, as the use of legal mechanisms will play a vital part in combating maritime piracy, this Comment seeks to demonstrate that the statutory system as it stands is both outdated and illsuited for addressing the complexities of piracy in the modern era, and will only impede the achievement of current strategic objectives. More specifically, as the crime of piracy is no longer …

Taming The Beast: How The International Legal Regime Creates And Contains Flags Of Convenience, Eric Powell

Annual Survey of International & Comparative Law

Centuries-old maritime jurisprudence continues to guide the law of the sea today. These baseline understandings are necessary to maintain order of the largest international commons, the sea. The seas’ central role in globalization, though, strains some of this established law. In particular, the question of jurisdiction has become increasingly complex as ships regularly ply every ocean and visit ports in dozens of countries. Many of these ships are actually subject to the exclusive jurisdiction of States with which they have no connection and which have limited incentives to regulate. This paper explores how this jurisdictional non sequitur arose, and when …

International Law Regime Against Piracy, Lawrence Azubuike

Annual Survey of International & Comparative Law

Customary international law prohibited piracy and treated pirates as enemies of human kind. Pirates were considered to have waged war not just against anyone state but all states. As such, pirates were subject to universal jurisdiction by any state. While the prohibition of piracy could, and was easily stated, the contours of the prohibition, including definition of pirates, were not free from controversy. Besides, pirates were not always universally condemned, but instead were sometimes tolerated and employed by states for their own selfish interests. A more important point, though, is that like the infamous slave trade, piracy was believed to …

The Supremacy Of United States (Maritime) Law Revisited, Andrew Brown

Annual Survey of International & Comparative Law

No abstract provided.

Caracas, 1974: International Regulation Of Ocean Ecology, M. Ann Murphy, Betty B. Bennett, Donna M. Ismael

Golden Gate University Law Review

No abstract provided.

Transoceanic Trash: International And United States Strategies For The Great Pacific Garbage Patch, Susan L. Dautel

Golden Gate University Environmental Law Journal

Part II of this Comment provides an overview of the debris found in the Patch and the associated health impacts. Part III reviews the Convention on the Prevention of Marine Pollution by Dumping of Waste and Other Matters (the London Convention) with its corresponding international and U.S. laws, and then separately examines the U.S. Marine Debris Research, Prevention, and Reduction Act (MDRPRA). Part IV argues that the laws identified in Part III can be applied to provide a means to clean up the portion of the Patch affecting U.S. territory. Part V briefly surveys the United Nations Framework Convention on …

Dubai Ports World Under Exon-Florio: A Threat To National Security Or A Tempest In A Seaport?, Deborah M. Mostaghel

Publications

This Article discusses foreign investment in the United States as background for understanding passage of Exon-Florio in 1988. Part III discusses how Exon-Florio works. Part IV discuses two transactions that prompted calls for revision of Exon-Florio, culminating in the passage of the Byrd Amendment (Byrd). Part V discusses the passing of Byrd in 1993. Byrd's changes remain in effect today. Part VI discusses economic and political concerns as they affect transactions subject to Exon-Florio review. Part VII examines the implications of the CNOOC and DP World transactions. Part VIII concludes that CFIUS review need not be changed. CFIUS must follow …

Liability And Responsibility Of The State Of Registration Or The Flag State In Respect Of Sea-Going Vessels, Aircraft And Spacecraft Registered By National Registration Authorities, Sompong Sucharitkul

Publications

The topic selected for this report forms part of a broader picture: "the Liability of Registration authorities," which embraces a wider scope of enquiry, principally covering an infinite variety of international regulations within comparable national legal orders. Civil liability may require consideration of legal questions for which practical solution may only be found beyond the confines of internal law, in the choice of applicable law as part of private international law, or ultimately in the direct or indirect application of a rule of public international law, as recognized by States and incorporated in negotiated provisions of a Treaty.

La Statut Juridique Des Detroits De Malacca Et De Singapou, Sompong Sucharitkul

Publications

Published in 8 Revue Espaces et Ressources Maritimes (1995), Nice, France.

The Entry Into Force Of The 1982 Un Convention On The Law Of The Sea On November 17, 1994: A Thai Perspective, Sompong Sucharitkul

Publications

A paper submitted to the SEAPOL Tri-Regional Conference on Current Issues on Ocean Law, Policy and Management South-East Asia, North-West Pacific and South-West Pacific.

Some Reflections On Evolving Principles And Guidelines For Global And Regional Fishery Management, Sompong Sucharitkul

Publications

It is the purpose of this brief paper to share some of the reflections on a number of evolving principles and guidelines which could serve the common interests of mankind in the context of global and regional fishery management.

Attention will focus on the need for meaningful and effective cooperation in fishery management rather than detailed articulation of rules and regulations that are appropriately contained in existing or future arrangements among the coastal States of a particular region or global arrangements intended to conserve certain endangered or protected species of marine life or international management of some highly migratory species.

A Synthesis Of Thailand's Positions In The Light Of The New Law Of The Sea, Sompong Sucharitkul

Publications

Manuscript submitted to the Institute of Asian Studies, Chulalongkorn University, Bangkok, Thailand.

Evolution Continue D'Une Notion Nouvelle: Le Patrimoine Commun De L'Humanité, Sompong Sucharitkul

Publications

From The law and the sea : essays in memory of Jean Carroz, Food and Agriculture Organization of the United Nations (1987). Article begins on p. 281.