The
Legal Aspects of 
Maritime Piracy &
What is Being Done To Stop It
The
Legal Aspects of
Click on this link for an Organizational
Chart of Piracy Reporting, provided by Mike Bruyneel.
The first ICC (International Chamber of
Commerce) anti-crime bureau, the International
Maritime Bureau (IMB), was founded in 1981. The purpose of the IMB
is to "prevent fraud in international trade and maritime transport, reduce
the risk of piracy and assist law enforcement in protecting crews. It tracks
cargoes and shipments and verifies their arrival at scheduled ports."1
In the event of frauds and piratical attacks the IMB carries out full-length
investigations.
In October, 1992, reacting to an alarming growth in piracy on the world's
oceans, IMB created the
Piracy
Reporting Centre at it's Far East Regional Office in Kuala Lumpur Malaysia.
The services of the Centre are free of charge to all vessels irrespective
of ownership or flag. During the current year the center is financed by
voluntary contributions from various companies. "The center supplies investigating
teams that respond immediately to acts of piracy and collect evidence for
law enforcement agencies. This service is funded by the International
Transport Workers' Federation. Specific Piracy Reporting Centre tasks
are to:
The United Nations Convention on the Law of the Sea, which entered into force on November 16, 1994, embodies the notion that "all problems of ocean space are closely interrelated and need to be addressed as a whole. Today it is the globally recognized regime dealing with all matters relating to the law of the sea."4
According to The United Nations "Convention of the Law of the Sea:
The United Nations provides Annual Reports on Piracy. For the UN's 1999 Piracy report, click here."Incidents of piracy and armed robbery in the territorial sea or in a port areas are perceived as crimes against the state and thus subject to its national laws. The Convention permits a coastal State to exercise the right of hot pursuit of a foreign ship if its competent authorities have good reason to believe that the ship has violated the laws and regulations of the coastal State. Hot pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the archipelagic waters, the territorial sea or the contiguous zone of the pursuing State, and may only be continued outside the territorial sea or the contiguous zone if the pursuit has not been interrupted. Once it is broken off it cannot be resumed. The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of its own State or of a third State."
Articles 100-107 of the United Nations "Convention of the Law of the Sea state that:
"On the high seas, or in any other place outside the jurisdiction of any State, every State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board. The courts of the State which carried out the seizure may decide upon the penalties to be imposed, and may also determine the action to be taken with regard to the ships, aircraft or property, subject to the rights of third parties acting in good faith."5
The International Maritime Organization (IMO) in London has been dealing
with the problem of piracy and armed robbery since 1983 when the IMO Assembly
adopted its first resolution on the subject. Two further resolutions
have been adopted by the IMO Assembly since that time, resolution A.683(17)
on "Prevention and suppression of acts of piracy and armed robbery against
ships" in November 1991; and resolution A.738(18) on "Measures to prevent
and suppress piracy and armed robbery against ships" in November 1993.
Both resolutions refer to the United Nations Convention on the Law of the
Sea.
Since May 1991, IMO
has been analyzing all reports of piracy and armed robbery and summaries
are presented to the Maritime Safety Committee for its consideration.
Although piracy has occurred in many parts of the world in recent years,
the danger is greatest in three areas: south-east Asia, West Africa, and
the north-east coast of of South America.6
"Eric Ellen, executive director of the Essex-based International Maritime Bureau (IMB), says that the figures are still "under control", but the lack of official concern from governments is "very worrying". Moreover, few crews are trained to deal with a pirate attack and fewer still travel under respected flags. Many ships are actually registered under flags of convenience. It is often cheaper and relatively easy to register a ship in Panama or Liberia, with fewer safety and training restrictions, than in the UK or another developed country. But according to Ellen: "Your flag is your only protection out there - and Panama doesn't mean much to a pirate." Furthermore, countries such as Panama don't have the resources to pursue detailed piracy investigations."7
For a list of "Marine Law and Regulation" links, click here.
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Created by Cleopatra Delegas: [email protected]