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Trading The Shield Of Sovereignty For The Scales Of Justice: A Proposal For Reform Of International Sea Piracy Laws, Mike Madden
Trading The Shield Of Sovereignty For The Scales Of Justice: A Proposal For Reform Of International Sea Piracy Laws, Mike Madden
Bocconi Legal Papers
Contemporary piracy represents a large and complex threat to international security. The crime has evolved to the extent that it no longer conforms to its antiquated definition, and the rationales that underlie the ‘high seas’, ‘private ends’ and ‘two ships’ requirements of the crime articulated within UNCLOS 1982 have no relevance in the new millennium. Piracy should be redefined to include the kinds of maritime crimes that are commonly perpetrated on the seas, and a very broad notion of universal jurisdiction should attach to the crime, such that any state would be permitted to enter the territorial sea of another …
Global Law And Plunder: The Dark Side Of The Rule Of Law, Ugo Mattei, Marco De Morpurgo
Global Law And Plunder: The Dark Side Of The Rule Of Law, Ugo Mattei, Marco De Morpurgo
Bocconi Legal Papers
The ‘rule of law’ has traditionally been conceived as an intrinsically positive and politically neutral ‘tool’, universally valid and capable of being ‘exported’ everywhere. This paper—which represents a synthetic exposition of the ideas expressed in Ugo Mattei and Laura Nader, Plunder: When the Rule of Law is Illegal (Blackwell Publishing, Oxford 2008)—asserts that such an ambiguous concept has a bright and a dark side, the latter being excluded from any public discussion. The rhetoric of the ‘rule of law’ has been used by Western powers in order to justify interventions (mainly) into the ‘developing’ world, that ultimately turned into practices …