Chapter

Counter-Piracy Enforcement Powers and their Legal Constraints

Robin Geiß and Anna Petrig

in Piracy and Armed Robbery at Sea

Published in print February 2011 | ISBN: 9780199609529
Published online September 2011 | e-ISBN: 9780191729751 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199609529.003.0004
Counter-Piracy Enforcement Powers and their Legal Constraints

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Part 3 scrutinizes the scope of enforcement powers granted to States by Articles 110 and 105 United Nations Convention on the Law of the Sea and by virtue of the various Security Council Resolutions. The guiding questions in this section are: What kind of enforcement measures are States currently allowed to employ? Against whom can these enforcement powers be used? What is the geographical scope of the enforcement powers now granted? In particular, is a coherent and uniform regime of enforcement powers in place or does it make a difference whether pirates and armed robbers at sea are pursued on the high seas, within Somalia's or other States' coastal waters or on the Somali mainland? Secondly, given that the Security Council has explicitly called for the use of shipriders in the present context, this rather novel mechanism is examined. Thirdly, the analysis aims to identify the applicable legal constraints that confine and regulate the execution of enforcement powers in relation to piracy and armed robbery at sea off the coast of Somalia and in the larger Gulf of Aden region. In addition, the attribution of possible human rights violations in the United Nations-mandated multinational counter-piracy operations is considered.

Keywords: United Nations; law enforcement; enforcement powers; Somalia; shipriders; human rights; couter-piracy operations

Chapter.  39000 words. 

Subjects: Public International Law

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