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Prosecuting Maritime Piracy

2015-06-09 Law
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Release : 2015-06-09
Genre : Law
Kind : eBook
Book Rating : 22X/5 ( reviews)

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Book Synopsis Prosecuting Maritime Piracy by : Michael P. Scharf

Download or read book Prosecuting Maritime Piracy written by Michael P. Scharf. This book was released on 2015-06-09. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Maritime Piracy and the Construction of Global Governance

2013-05-07 Political Science
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Release : 2013-05-07
Genre : Political Science
Kind : eBook
Book Rating : 893/5 ( reviews)

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Book Synopsis Maritime Piracy and the Construction of Global Governance by : Michael J. Struett

Download or read book Maritime Piracy and the Construction of Global Governance written by Michael J. Struett. This book was released on 2013-05-07. Available in PDF, EPUB and Kindle. Book excerpt: Piratical attacks have become more frequent, violent, costly and increasingly threaten to undermine order in the international system. Much attention has focused on Somalia, but piracy is a problem worldwide. Recent coordination efforts among states in South East Asia appear to have helped in the area, but elsewhere piracy has expanded. Interestingly, international law has long recognized piracy as a crime and provided tools for universal suppression, yet piracy persists. In this book, a handpicked group of leading experts in the field of International Relations use maritime piracy as a means to expose the incongruities in our understanding of global governance. Using broadly constructivist approaches to understand international actors’ responses to the challenges created by maritime piracy, the contributors question a number of myths and misconceptions around piracy and analyze the various ways that international law and organizations channel actors’ understandings of maritime piracy and their efforts to respond to it. In doing so, they expose some shaky foundations for IR theorists: how do we conceive of governance and legitimacy when they are delinked from the territorial aspect of the modern nation-state? What happens to prospects for cooperation when we get to the nitty-gritty questions of practice related to paying for trials, imprisoning and maintaining captured pirates, bearing the burden of policing sea-lanes, or even determining what constitutes a pirate? Does anyone have a monopoly on the legitimate use of force at sea, and how is that legitimacy constructed? Maritime Piracy and the Construction of Global Governance offers an improved theoretical understanding of the response of the international community to maritime piracy and broadens our understanding of the complex and sometimes countervailing motivations of all the actors involved, from international organizations and states down to the pirates themselves.

The Prosecution of Pirates in National Courts

2013-06-11 Antiques & Collectibles
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Release : 2013-06-11
Genre : Antiques & Collectibles
Kind : eBook
Book Rating : 146/5 ( reviews)

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Book Synopsis The Prosecution of Pirates in National Courts by : Robin Warner

Download or read book The Prosecution of Pirates in National Courts written by Robin Warner. This book was released on 2013-06-11. Available in PDF, EPUB and Kindle. Book excerpt: Piracy is the oldest of the limited crimes subject to universal jurisdiction which are punishable by any state regardless of the nationality of the victim or perpetrator. Universal jurisdiction is generally reserved for crimes of an exceptionally serious and heinous nature and the placing of piracy in this category illustrates the extent to which piratical activities were seen as a widespread scourge. A customary international law regime was developed to respond to the threat of piracy in the 19th century. In the 20th century this was codified in the 1958 Convention on the High Seas (HSC) and the 1982 United Nations Convention on the Law of the Sea (LOSC), both of which contain provisions recognizing the universal jurisdiction of states to repress piracy and investigate and prosecute its perpetrators. The LOSC provisions are considered to be reflective of customary international law on piracy. The significant upsurge in piracy incidents involving Somali nationals off the Horn of Africa, and in the Gulf of Aden since 2008, has led to increased scrutiny of piracy offences under international law; the incorporation of that law in national legislation; and the capacity of countries within and beyond the Horn of Africa region to investigate and prosecute these offences effectively. Somalia has been without a functioning central government for over two decades since the fall of the Siad Barre dictatorship in 1991. This lack of effective governance and enforcement of the rule of law in Somalia has provided the basic impetus for the increase in piratical attacks off the Somali coast. This paper provides an analysis of the international legal framework for dealing with piracy and its criminalization in national legal systems. It examines some of the key trends emerging from national prosecutions of Somali pirates since the onset of increased piracy incidents off the Horn of Africa and in the Gulf of Aden, and the initiatives taken by the international community to strengthen the capacity of national legal systems in this region to investigate and prosecute piracy offences. Finally, it reviews the need for stronger criminal justice cooperation networks in the Horn of Africa and Gulf of Aden region to support investigation and prosecution of piracy offences.

Piracy and Armed Robbery at Sea

2011-02-24 Law
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Release : 2011-02-24
Genre : Law
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Book Rating : 473/5 ( reviews)

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Book Synopsis Piracy and Armed Robbery at Sea by : Robin Geiss

Download or read book Piracy and Armed Robbery at Sea written by Robin Geiss. This book was released on 2011-02-24. Available in PDF, EPUB and Kindle. Book excerpt: Since 2008 increasing pirate activities in Somalia, the Gulf of Aden, and the Indian Ocean have once again drawn the international community's attention to piracy and armed robbery at sea. States are resolved to repress these impediments to the free flow of trade and navigation. To this end a number of multinational counter-piracy missions have been deployed to the region. This book describes the enforcement powers that States may rely upon in their quest to repress piracy in the larger Gulf of Aden region. The piracy rules of the United Nations Convention on the Law of the Sea (UNCLOS) and the legal safeguards applicable to maritime interception operations are scrutinized before the analysis turns to the criminal prosecution of pirates and armed robbers at sea. The discussion includes so-called shiprider agreements, the transfers of alleged offenders to regional states, the jurisdictional bases for prosecuting pirates, and the feasibility of an international(ized) venue for their trial. In addressing a range of relevant issues, this book presents a detailed and comprehensive up-to-date analysis of the legal issues pertaining to the repression of piracy and armed robbery at sea and assesses whether the currently existing legal regime is still adequate to effectively counter piracy in the 21st century.

Modern Piracy

2013-01-01 Law
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Release : 2013-01-01
Genre : Law
Kind : eBook
Book Rating : 931/5 ( reviews)

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Book Synopsis Modern Piracy by : Douglas Guilfoyle

Download or read book Modern Piracy written by Douglas Guilfoyle. This book was released on 2013-01-01. Available in PDF, EPUB and Kindle. Book excerpt: ÔA number of books dealing with piracy have been published in recent years. This book stands out by the breadth of its coverage, which, unusually and much to be welcomed, includes detailed consideration of both public and private law. The book is also notable for the quality and range of expertise of its contributors, who are not only leading experts in the field but a mixture of academic and practising lawyers.Õ Ð Robin Churchill, The University of Dundee, UK ÔPiracy once again is posing serious threats to international trade, navigation and, of course, to the safety of seafarers. This collection of outstanding essays by outstanding scholars and practitioners examines the background to the re-emergence of piracy in South Asia, East and West Africa and explores the complex legal and practical challenges which crafting effective responses has presented. It is, quite simply, essential reading for anyone who is seriously interested in understanding and responding to one of the most pressing problems of our time.Õ Ð Malcolm Evans, University of Bristol, UK Modern Piracy is the first book to survey the law of maritime piracy from both public law and commercial law perspectives, as well as providing a contextual overview of piracy in major hotspots. Topics covered include issues of international law, law-enforcement cooperation, private armed security, ransoms, insurance and carriage of goods by sea. It provides a comprehensive introduction to the range of legal issues presented by the modern piracy menace and will be of interest to scholars and practitioners alike. Benefiting from a wide range of international expertise, this book will be of interest to public international law academics, government legal counsel, maritime commercial law practitioners, international relations academics as well as anyone interested in transnational organised crime.

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