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The Law and Practice of Piracy at Sea

The Law and Practice of Piracy at Sea Author Panos Koutrakos
ISBN-10 9781782252696
Release 2014-12-01
Pages 376
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This collection of essays provides a comprehensive assessment of the legal and policy approaches to maritime counter-piracy adopted by the EU and other international actors over the last few years. As the financial cost of Somali piracy for the maritime industry and the world economy as a whole was estimated to have reached $18 billion by 2010, the phenomenon of piracy at sea has steadily grown in significance and has recently attracted the attention of international policy makers. Moreover, piracy is intrinsically linked to state failure and other pathologies bred by it, such as organised crime and terrorism. This 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). 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, it emphasises and draws upon the insights of the practice of counter-piracy by bringing together academic lawyers and the legal advisers of the main actors in the area (EU, US, NATO, UK). The book raises fundamental questions about the law and practice of international law: are the rules of the international law of the sea on piracy still relevant? To what extent has the shared interest of international actors in tackling piracy given rise to common practices? Do the interactions among the actors examined in the book suggest fragmentation or unity of the international legal order? Is it premature to view these interactions as signalling the gradual emergence of global law in the area? This common analytical frame of reference is underlined by the concluding part, which draws these threads together. The book will be of interest to legal scholars, political scientists and international relations theorists, as well as decision-makers and students of law, politics and international relations.



Routledge Handbook of Naval Strategy and Security

Routledge Handbook of Naval Strategy and Security Author Joachim Krause
ISBN-10 9781317555391
Release 2016-03-17
Pages 398
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This new handbook provides a comprehensive overview of the issues facing naval strategy and security in the twenty-first century. Featuring contributions from some of the world’s premier researchers and practitioners in the field of naval strategy and security, this handbook covers naval security issues in diverse regions of the world, from the Indian Ocean and the Mediterranean to the Arctic and the piracy-prone waters off East Africa’s coast. It outlines major policy challenges arising from competing claims, transnational organized crime and maritime terrorism, and details national and alliance reactions to these problems. While this volume provides detailed analyses on operational, judicial, and legislative consequences that contemporary maritime security threats pose, it also places a specific emphasis on naval strategy. With a public very much focused on the softer constabulary roles naval forces play (such as humanitarian assistance, disaster relief, naval diplomacy, maintenance of good order at sea), the overarching hard-power role of navies has been pushed into the background. In fact, navies and seapower have been notably absent from many recent academic discussions and deliberations of maritime security. This handbook provides a much-desired addition to the literature for researchers and analysts in the social sciences on the relationship between security policy and military means on, under, and from the sea. It comprehensively explains the state of naval security in this maritime century and the role of naval forces in it. This book will be of much interest to students of naval security and naval strategy, security studies and IR, as well as practitioners in the field.



Major Law and Policy Issues in the South China Sea

Major Law and Policy Issues in the South China Sea Author Dr Yann-huei Song
ISBN-10 9781472401595
Release 2014-03-28
Pages 316
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Major law and policy issues in the South China Sea are discussed mainly from the perspectives of leading American and European scholars in the study of the complex South China Sea disputes. The issues include regional maritime cooperation and regime building, Southeast Asian countries’ responses to the Chinese assertiveness, China’s historic claims, maritime boundary delimitation and excessive maritime claims, military activities and the law of the sea, freedom of navigation and its impact on the problem, the dispute between Vietnam and China, confidence-building measures and U.S.-Taiwan-China relations in the South China Sea, and Taiwan’s role in the resolution to the South China Sea issues. Over the past three years, there have been several incidents in the South China Sea between the claimants, and also between the claimants and non-claimants over fisheries, collection of seismic data, exploration for oil and gas resources, and exercise of freedom of navigation. Third party concerns and involvement in the South China Sea disputes have been increasing as manifested in actions taken by the United States, India, and Japan. It is therefore important to examine South China Sea disputes from the legal and political perspective and from the view point of American and European experts who have been studying South China Sea issues for many years.



Piracy in Comparative Perspective

Piracy in Comparative Perspective Author Charles Norchi
ISBN-10 1849464421
Release 2012
Pages 448
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This new work presents a comprehensive approach to an age old disruption of the order of the oceans that was known to ancient Greece, Persia, the first Indian Empire, the Han Dynasty of China and the early European maritime powers. Many of the norms proscribing piratical acts that are codified in contemporary international law are vestiges of those earlier periods. Yet contemporary maritime piracy is more complex and intense. The International Maritime Bureau of the International Chamber of Commerce reported 439 reports of actual piracy attacks in 2011, most Somali based, and a higher number of attempts. This book presents perspectives on the problem by contributors from four continents, diverse legal cultures, and multiple disciplines. This volume appraises piracy from the comparative perspectives of those disciplines and from the standpoint of key participants in the social processes that are plagued by piracy-mariners, navies, ship owners and operators, policy makers and lawyers. Decision-making and operational measures cannot be separated from piracy's origins and continuing social impact. Thus the contributors bring clarity to the problem through the lenses of history, development, law, maritime security, fisheries, economics and ocean commerce. Maritime piracy initiatives are generating a great number of operational and institutional counter-measures and the diversity of stakeholder interests often complicates proposed solutions. Against that backdrop the contributors examine strategies - the range of available modalities to address and correct the problem - through the lenses of naval power, port state control, penal systems and development. And they appraise law - both national and international authoritative decision-making - viewing state practice, international regulations, tribunal judgments, custom and international conventions from the comparative perspectives of Africa, India, England, France and the United States.Piracy in Comparative Perspective is a collaboration of the Centre for Maritime and Oceanic Law (CDMO) of the University of Nantes (France) and the Center for Oceans and Coastal Law of the University of Maine School of Law (United States), prepared under the direction of Professor Charles H. NORCHI and Dr. Gwenaële PROUTIERE-MAULION.



The Oxford Handbook of European Union Law

The Oxford Handbook of European Union Law Author Anthony Arnull
ISBN-10 9780191653049
Release 2015-07-23
Pages 950
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Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.



The International Responsibility of the European Union

The International Responsibility of the European Union Author Malcolm David Evans
ISBN-10 184946328X
Release 2013
Pages 372
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"This volume is the product of the Tenth EU/International Law Forum hosted by the University of Bristol Law School in May 2011"--P. 1.



Somali Piracy

Somali Piracy Author Jade Lindley
ISBN-10 9781134806843
Release 2016-06-23
Pages 208
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Maritime piracy off the coast of Somalia was first recognised as a global concern in 2008 after the hijackings of World Food Programme vessels. It remains a serious impediment to international maritime trade and a significant risk to seafarers. Bringing a criminological perspective to the subject, this book presents an analysis of Somali piracy by means of Routine Activity Theory and regulatory pluralism. Based on data from a range of sources, including published documents and in-depth interviews with representatives of industry, government, and international organisations, the study concludes that no one institution or policy will suffice to control Somali piracy. Accordingly, a number of different actors and institutions have a role to play in reducing the supply of motivated offenders, the vulnerability of prospective victims, and in enhancing guardianship. The book envisages a holistic counter-piracy program based on a pluralistic regulatory model that is sustainable within the region, and managed by the region, providing the best opportunity for both the immediate future, and for long-term success. This study will be essential reading for criminologists, public policy and legal scholars, as well as policy makers and regulators in countries affected by and dealing with piracy, and international professional advocacy groups operating in the maritime space.



International Law in the Era of Climate Change

International Law in the Era of Climate Change Author Rosemary Gail Rayfuse
ISBN-10 9781781006085
Release 2012-01-01
Pages 378
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'UN Secretary-General Ban Ki-moon has called Climate Change "the defining issue of our era". It presents international law and lawyers with a wide range of novel issues, practical as well as conceptual. These challenges are addressed in this volume with great authority by many of the leading international law scholars of our generation. It is an important and distinctive contribution to the burgeoning literature on an issue critical for the future of our planet.' – David Freestone, George Washington University, US Climate change will fundamentally affect every area of human endeavour, including the development of international law. This book maps the current and potential impacts of climate change on the norms, principles, rules and processes of international law. This timely study brings together a group of leading scholars in their respective fields of international law to examine the impacts of climate change, and our responses to it, on the whole spectrum of international legal regimes, including those dealing with everything from climate displacement, human rights, and international trade and investment, to the oceans, the environment, armed conflicts and the use of force, and outer-space. the volume also examines the impacts of climate change on the underlying principles and processes of international law including those relating to the making and enforcement of international law and to third party dispute resolution. the book shows that there is much more to dealing with climate change than negotiating one global climate change-specific regime. Other areas of international law can, and must, be included in the solution. In this way international law can maximise its coherence and its efficacy. This well-documented study will appeal to international lawyers, academics, policy makers, government employees, negotiators, practitioners, international legal theorists and anyone interested in climate change and how to maximise our international legal and policy responses to it.



Modern Piracy

Modern Piracy Author Douglas Guilfoyle
ISBN-10 1849804842
Release 2013
Pages 354
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'Piracy 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.' - Malcolm Evans, University of Bristol, UK



Offshore Oil and Gas Installations Security

Offshore Oil and Gas Installations Security Author Mikhail Kashubsky
ISBN-10 0415707307
Release 2016-04-21
Pages 520
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Based on author's thesis (doctoral - Faculty of Law, University of Wollongong, 2011), issued under title: Offshore Petroleum Security: Analysis of Offshore Security Threats, Target Attractiveness, and the International Legal Framework for the Protection and Security of Offshore Petroleum Installations.



Regions Institutions and Law of the Sea

Regions  Institutions  and Law of the Sea Author Harry N. Scheiber
ISBN-10 9789004220218
Release 2013-03-21
Pages 570
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Regions, Institutions, and Law of the Sea: Studies in Ocean Governance offers fresh perspectives both on issues specific to major ocean regions, and on the nature and functions of institutions that implement the legal order of the oceans. Of special interest is a set of chapters by distinguished scholars and jurists providing nuanced analysis of the International Tribunal for the Law of the Sea as a key actor in the institutional and regime structure. Other expert authors contribute timely analysis of specific ocean uses in the context of implementation of "soft" and "hard" law.



The Maritime Labour Convention 2006 International Labour Law Redefined

The Maritime Labour Convention 2006  International Labour Law Redefined Author Jennifer Lavelle
ISBN-10 9781317931881
Release 2013-12-13
Pages 368
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With the Maritime Labour Convention now in force (as of August 2013), the shipping industry is faced with a new international convention that has comprehensive implications across all sectors. This vital text provides timely analysis and thought-provoking essays regarding the Convention’s application and enforcement in practice. Hailed as the "Seafarer’s Bill of Rights" and the "fourth pillar" of the international regulatory regime for quality shipping, the Maritime Labour Convention is set to significantly alter the playing field for key stakeholders. This book offers diverse and interesting commentary in respect of the Convention’s impact on core sectors of the shipping industry, identifying both strengths and weaknesses of the Convention, as well as potential hurdles that will need to be overcome. Each chapter focuses on a different aspect of the Convention, ranging from individual rights of the seafarer to challenges of flag State implementation. Special attention is given to enforcement through examination of the innovative measures provided in the Convention itself, along with discussion of domestic enforcement mechanisms in certain States. Furthermore, the book evaluates whether the Convention has filled existing gaps in maritime labour law, resolved prior difficulties or created new problems. This book expertly addresses issues of fundamental importance to national authorities, shipping professionals and associations, maritime lawyers and academics worldwide. ---In memory of Richard Shaw---



Science Technology and New Challenges to Ocean Law

Science  Technology  and New Challenges to Ocean Law Author Harry N. Scheiber
ISBN-10 9789004299610
Release 2015-07-24
Pages 492
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Sixteen authoritative yet eminently readable chapters offer analyses of major issues in the interfaces of science, technology, and law for the oceans. This volume fills an important gap both in the existing literature on law of the sea and in the more comprehensive field of ocean resource-use studies.



A Search for Sovereignty

A Search for Sovereignty Author Lauren Benton
ISBN-10 9781107782716
Release 2009-11-30
Pages
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A Search for Sovereignty approaches world history by examining the relation of law and geography in European empires between 1400 and 1900. Lauren Benton argues that Europeans imagined imperial space as networks of corridors and enclaves, and that they constructed sovereignty in ways that merged ideas about geography and law. Conflicts over treason, piracy, convict transportation, martial law, and crime created irregular spaces of law, while also attaching legal meanings to familiar geographic categories such as rivers, oceans, islands, and mountains. The resulting legal and spatial anomalies influenced debates about imperial constitutions and international law both in the colonies and at home. This study changes our understanding of empire and its legacies and opens new perspectives on the global history of law.



Piracy and Armed Robbery at Sea

Piracy and Armed Robbery at Sea Author Robin Geiss
ISBN-10 9780199609529
Release 2011-02-24
Pages 321
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Piracy is no longer an archaic problem. This analysis of the legal issues surrounding the repression of piracy and armed robbery at sea assesses whether the existing legal regime can effectively counter piracy in the modern age.



Boat Refugees and Migrants at Sea A Comprehensive Approach

 Boat Refugees  and Migrants at Sea  A Comprehensive Approach Author Violeta Moreno-Lax
ISBN-10 9789004300750
Release 2016-11-17
Pages 484
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This book aims to address ‘boat migration’ with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of ‘migrants at sea’ thoroughly.



Power and Law in International Society

Power and Law in International Society Author Mark Klamberg
ISBN-10 9781317617129
Release 2015-04-24
Pages 182
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When studying international law there is often a risk of focusing entirely on the content of international rules (i.e. regimes), and ignoring why these regimes exist and to what extent the rules affect state behavior. Similarly, international relations studies can focus so much on theories based on the distribution of power among states that it overlooks the existence and relevance of the rules of international law. Both approaches hold their dangers. The overlooking of international relations risk assuming that states actually follow international law, and discounting the specific rules of international law makes it difficult for readers to understand the impact of the rules in more than a superficial manner. This book unifies international law and international relations by exploring how international law and its institutions may be relevant and influence the course of international relations in international trade, protection of the environment, human rights, international criminal justice and the use of force. As a study on the intersection of power and law, this book will be of great interest and use to scholars and students of international law, international relations, political science, international trade, and conflict resolution.