Law of the Sea Commons^™

Malware, A Device Under The 1988 Sua Convention, Michael Petta

International Law Studies

In 1988 the International Maritime Organization modernized international law in response to a vexing problem of the time—maritime terrorism. Before then, not all violent crimes against vessels amounted to piracy and therefore many maritime criminals escaped justice. To close this gap and facilitate the prosecution of those who endanger navigation, IMO member States enacted the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation. More than three decades later, the 1988 SUA Convention may be useful to address a more modern problem—cyberattacks against commercial vessels. The 1988 treaty prohibits various acts against shipping, including the …

Enhancing The Security Of Shipping In Southeast Asia: The Relevance Of International Law, Robert Beckman

International Law Studies

This article outlines the principles of international law governing the right to exercise jurisdiction over ships. It then explains the relevance of UN international crimes conventions to the security of commercial ships. These conventions give States parties jurisdiction to arrest persons present in their territory who are alleged to have committed such crimes and an obligation to either prosecute or extradite them. It then explains the measures that have been taken by the International Maritime Organization to enhance the security of commercial shipping, including its Code of Practice on preventing piracy and “armed robbery against ships” and its measures to …

Pirates On The High Seas: An Institutional Response To Expanding U.S. Jurisdiction In Troubled Waters, Marshall B. Lloyd, Robert Summers

Faculty Articles

Collective efforts among governments and regional organizations is a vital part of the fight against piracy that represents a security threat to all nation states with respect to freedom to navigate the high seas. This paper provides a concise overview of piracy, contemporary maritime drug laws, and cases among the circuit courts to illustrate the procedural concerns that affect fundamental constitutional principles of jurisdiction. A possible solution to existing substantive and procedural due process issues is establishment of a regional judicial institution with broad powers to preside over criminal prosecutions that include maritime crimes. The suggestion may be a viable …

Law School News: Inside Rwu Law's Small 'Admiralty Empire' 10-18-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Due Process Abroad, Nathan S. Chapman

Northwestern University Law Review

Defining the scope of the Constitution’s application outside U.S. territory is more important than ever. In February, the Supreme Court heard oral argument about whether the Constitution applies when a U.S. officer shoots a Mexican teenager across the border. At the same time, federal courts across the country scrambled to evaluate the constitutionality of an Executive Order that, among other things, deprived immigrants of their right to reenter the United States. Yet the extraterritorial reach of the Due Process Clause—the broadest constitutional limit on the government’s authority to deprive persons of “life, liberty, or property”—remains obscure.

Up to now, scholars …

Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro

Georgia Journal of International & Comparative Law

Included in the papers for the Conference of Soviet and American Jurists on the Law of the Sea and the Protection of the Marine Environment:

Introduction by Milton Katz and Richard R. Baxter, p. 1

Freedom of Scientific Research in the World Ocean by A.F. Vysotsky, p. 7

The International Law of Scientific Research in the Oceans by Richard R. Baxter, p. 27

Responsibility and Liability for Harm to the Marine Environment by Robert E. Stein, p. 41

Liability for Marine Environment Pollution Damage in Contemporary International Sea Law by A. L. Makovsky, p. 59

Protection of the Marine Environment …

The Human Rights Of Sea Pirates: Will The European Court Of Human Rights Decisions Get More Killed?, Barry Hart Dubner, Brian Othero

Faculty Scholarship

No abstract provided.

Situational Crime Prevention And Worldwide Piracy: A Cross‑Continent Analysis, Jon M. Shane, Eric Piza, Marissa Mandala

Publications and Research

Relying on situational crime prevention perspective, this study compares successful and unsuccessful pirate attacks reported to the International Maritime Bureau (IMB) from the year 2000 through 2013 (n = 4,902). The study builds upon the recent work of Shane and Magnuson in Justice Quarterly, pp 1–26 (2014), which found various SCP techniques effectively prevented piracy attacks on a global level. The current study builds upon these findings by testing whether the global effect of SCP is consistent across individual continents. A series of mixed-effects logistic regression models and follow-up likelihood ratio tests were incorporated to explore the research question. In …

A Dire Need For Legislative Reform, Patrick Dowdle

Pace International Law Review

In Section I of this note, I will lay out the several reasons why 18 U.S.C. § 1651 needs reform. I will provide background information on modern day piracy, including its economic impact, and will then break down varying definitions of piracy and their applications in recent cases. I will explore the split in U.S. case law caused by the application of the UNCLOS definition of piracy in Dire, and will identify the quandaries that result from the UNCLOS definition. In Section II, I will address two specific problems stemming from § 1651 that came to light as a result …

Contemporary Uses Of Force Against Terrorism: The United States Response To Achille Lauro-Questions Of Jurisdiction And Its Exercise, Jeffrey A. Mccredie

Georgia Journal of International & Comparative Law

No abstract provided.

Maritime Piracy And Armed Robbery Confrontations Across The Globe: Can Crew Action Shape The Outcomes?, Justin Stewart Lewis

UNLV Theses, Dissertations, Professional Papers, and Capstones

Abstract

The recent tightening of military budget constraints has called into question the feasibility of costly multilateral naval intervention used to combat maritime piracy off the eastern coast of Africa. Though past studies agree that the transformation of the Somali economy and government is crucial for a long-term solution to piracy in this part of the world, short to medium-run solutions are needed to bridge the gap. Such solutions should be fiscally sensible and serve as effective deterrents, as well as be applicable in addressing the problem of piracy and maritime armed robbery in other parts of the globe.

In …

On The Effectiveness Of Private Security Guards On Board Merchant Ships Off The Coast Of Somalia -- Where Is The Piracy? What Are The Legal Ramifications?, Barry H. Dubner, Claudia Pastorius

Faculty Scholarship

No abstract provided.

On The Ninth Circuit's New Definition Of Piracy: Japanese Whalers V. The Sea Shepherd-Who Are The Real "Pirates" (I.E. Plunderers)?, Barry H. Dubner, Claudia Pastorius

Faculty Scholarship

No abstract provided.

Blackwater's New Battlefield: Toward A Regulatory Regime In The United States For Privately Armed Contractors Operating At Sea, Sean P. Mahard

Vanderbilt Journal of Transnational Law

Piracy has reemerged with a vengeance in the twenty-first century. Although it is confined primarily to the horn of Africa, piracy poses a significant problem to commercial shipping companies that need to traverse the Gulf of Aden for business. In response to modern-day piracy, shipowners have begun to employ privately armed contractors for protection. Countries and international organizations have recently developed regulations to address this growth in private maritime security. This Note analyzes both international and domestic regulatory regimes for privately armed contractors with a specific focus on the United States and Norway. This Note concludes that current U.S. regulations …

You're A Crook, Captain Hook! Navigating A Way Out Of The Somali Piracy Problem With The Rule Of Law, Andrew Michael Bagley

Georgia Journal of International & Comparative Law

No abstract provided.

Piracy Prosecutions In National Courts, Maggie Gardner

Cornell Law Faculty Publications

At least for the time being, the international community must rely on national courts to prosecute modern-day pirates. The first wave of domestic piracy prosecutions suggests, however, that domestic courts have yet to achieve the necessary consistency and expertise in resolving key questions of international law in these cases. This article evaluates how courts trying modern-day pirates have addressed common questions of international law regarding the exercise of universal jurisdiction, the elements of the crime of piracy, and the principle of nullum crimen sine lege. In doing so, it evaluates five decisions issued in 2010 by courts in Kenya, the …

National Solutions To An International Scourge: Prosecuting Piracy Domestically As A Viable Alternative To International Tribunals, Kevin H. Govern

University of Miami International and Comparative Law Review

This article will assess both the problems and potential solutions to contemporary seaborne threats of piracy, robbery, and terrorism, and discuss challenges and opportunities for the domestic and international forums prosecuting the crimes that constitute piracy and maritime terrorism. In particular it will begin with a discussion of the (d)evolution of events in the late 20th Century, which has transformed the old problem of piracy into a modern scourge. Piratical tactics, techniques and procedures (TTP) gave rise to a distinctly different threat from that faced in the past. Accompanying this discussion is a survey of present-day piracy, followed by an …

Crime Upon The Sea: Reshaping American Jurisprudence On International Piracy, Ta'ronce Stowes

Florida A & M University Law Review

No abstract provided.

Mugged Twice?: Payment Of Ransom On The High Seas, Lawrence Rutkowski, Bruce G. Paulsen, Jonathan D. Stoian

American University Law Review

No abstract provided.

The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward, Laurence Reza Wrathall

San Diego International Law Journal

This Article explores the vulnerability of submarine pipelines and cables to underwater subterfuge beyond territorial waters, particularly with regards to the emerging threat posed by unmanned vehicles in executing such mal intent. Next, it describes the legal status of this critical infrastructure before identifying shortcomings in legal protection from underwater attack. Finally, potential solutions are offered for the way forward.

Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin

American University Law Review

This Article addresses the following question: when should contract law permit parties to discontinue performance under a private security contract aimed to combat piracy? Piracy has been 'on the rise' off Somalia and in East Asia, with serious attacks escalating. Some shipping companies have responded by drafting 'best management practices', hiring security companies to advise on countering the threat and hiring armed or unarmed security protection. After presenting representative factual situations involving pirate attacks, the Article describes the traditional approach to defining the obligations of parties and the performance issues that arise during contractual performance. This approach takes into account …

How Piracy Has Shaped The Relationship Between American Law And International Law, Joel H. Samuels

American University Law Review

No abstract provided.

It's A Pirate's Life For Some: The Development Of An Illegal Industry In Response To An Unjust Global Power Dynamic, Elliot A. Anderson

Indiana Journal of Global Legal Studies

This Note discusses the domestic and international economic effects of the recent surge of piracy off the coast of Somalia, and uses Somali piracy as a method of exploring conflicting ideological conditions that arise from globalization. In exploring the underlying motivations for this trend, it identifies a dichotomy between primary needs satisfaction within underdeveloped nations and the satisfaction of secondary interests in developed nations, and explains how globalization may be exacerbating the turn toward piracy. This Note first discusses the recent rise in piracy and then explores how the contemporary history of Somalia has engendered the upsurge. Next, it considers …

The Somali Piracy Problem: A Global Puzzle Necessitating A Global Solution, Milena Sterio

Law Faculty Articles and Essays

Over the past few years, piracy has exploded off the coast of Somalia. Somali pirates congregate on a "mother ship" and then divide into smaller groups that sail out on tiny skiffs. Using potent weapons such as AK-47s and hand-propelled grenades, Somali pirates attack civilian ships carrying cargo through the Gulf of Aden, a body of water between Yemen and Somalia. Once they have overtaken the victim vessel, the pirates typically hijack the vessel's cargo and kidnap the crewmembers. The cargo is often resold to willing buyers or held for ransom. The crew are kept hostage in Somalia until either …

"A Guantanamo On The Sea": The Difficulties Of Prosecuting Pirates And Terrorists, Eugene Kontorovich

Faculty Working Papers

As a surge in pirate attacks in the seas around the Horn of Africa threatens to seriously damage international trade, the nations of the world have refused to enforce international law against these criminals. The dozens of nations patrolling the Gulf of Aden have ample legal authority to detain and prosecute pirates. Yet the United States and other navies have, as a matter of policy, been releasing apprehended pirates because of the difficulty of detaining or successfully prosecuting them. These fears are not unwarranted. As this Essay shows, while on the one hand international law requires all nations to fight …

Actual And Future Threats Emaniting From The Commons: A Chiliean Approach, Francisca Moller, Jorge Balaresque

International Law Studies

No abstract provided.

Security In The Strait Of Malacca And The Regional Maritime Security Initiative: Responses To The Us Personnal, Yann-Huei Song

International Law Studies

No abstract provided.

Attaining Optimal Deterrence At Sea: A Legal And Strategic Theory For Naval Anti-Piracy Operations, Michael Bahar

Vanderbilt Journal of Transnational Law

On January 21, 2006, a guided missile destroyer accomplished the U.S. Navy's first capture of suspected pirates in recent memory. As the Staff Judge Advocate for the NASSAU Strike Group, the Author advised the seizure, led the onboard investigation, oversaw the shipboard detentions, and testified at the trial in Kenya.

Drawing upon this experience, the Author constructs a comprehensive legal and strategic theory for piracy, defining the legal status of pirates and deriving the due process rights that should be afforded them.

The Article also analyzes the evolution of customary and positive international law to demonstrate that, contrary to conventional …

Universal Jurisdiction And The Pirate: Time For An Old Couple To Part, Joshua M. Goodwin

Vanderbilt Journal of Transnational Law

For hundreds of years, the world has allowed any nation-state to exercise universal jurisdiction over high seas piracy. This has been recently codified by the United Nations in the Convention on the Law of the Seas. It has been almost universally assumed that allowing states to do this was legitimate. As this Note will argue, however, the reasons for allowing states to exercise jurisdiction in this way no longer make sense in the modern world. Further, allowing states to exercise universal jurisdiction over pirates violates the due process rights of the pirates and poses a threat to international stability. To …

Chapter Iii: Protection Of Persons And Property At Sea And Maritime Law Enforcement

International Law Studies

No abstract provided.