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:

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This chapter ties together the loose threads of the discussions and presents some concluding thoughts. It considers the efforts of the Security Council to remedy some of the well-known deficiencies inherent in the United Nations Convention on the Law of the Sea (UNCLOS) rules. It describes the establishment of a threefold legal enforcement regime that depends on whether pirates are pursued on the high seas, within Somalia's territorial waters, or on its mainland. It argues that while the Security Council has considerably expanded the range of enforcement powers, as far as the level of adjudicative jurisdiction is concerned the counter-piracy Security Council Resolutions do not go beyond calling for enhanced cooperation in criminal matters and a solemn invocation of a meshwork of international treaties pertaining to crimes committed at sea. The lesson learned in the fight against international terrorism, should be heeded also when aiming to sustainably repress piracy in the Gulf of Aden, namely that unambiguous rule-of-law adherence is, in the long run, the best way to success in the repression of a criminal phenomenon.

Keywords: piracy; armed robbery; Security Council Resolutions; United Nations; UNCLOS; Somalia; law enforcement

Chapter.  2146 words. 

Subjects: Public International Law

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