Question 1 Please explain and justify about Sea Piracy in International Law. Sea Piracy can be define as the people who are involved in the acts of piracy, pirates will steal the cargo and another valuable things from the shipper and that is one of the act of the robbery and violence by the ship or the borne attackers. In international law, Sea Piracy has consist of a seat in the legislation. Universal jurisdiction has highly specialized form of international jurisdiction by the Sea Piracy. Sea Piracy will become a threat toward the global sea trade particularly because in any state their acts will be commit in the place beyond the territorial jurisdiction or sovereignty (Monique Cormier, 2012). Sea Piracy may cause the people loss their life, ship owner may face the risk of financial losses, ship owners also want to increase their insurance premiums and security costs. In twentieth century, the articles 100 to 107 and 110 has provided by the 1982 United Convention on the Law of the Sea (UNCLOS) under the international law. In general, the 1982 United Convention on the Law of the Sea (UNCLOS) is called as “The Convention”. “The Convention” has help to …show more content…
It can also called international organizations. Public international law are the main important point for the intergovernmental organizations. It has established by the treaty and those acts are as a charter for creating the group. Through the ratification process, the treaties are formed by the lawful representatives such as the governments. It also provide the Intergovernmental Organizations with an international legal personality. The intergovernmental organizations must distinguish from the treaties, the treaties such as North American Free Trade Agreement, General Agreement on Tariffs and Trade before the World Trade Organization has been
Under the UN 1982 treaty, a state’s territorial sea extends twelve nautical miles from the national coastline (Slomanson 305). Within this area, Ecuador exercises its sovereignty over these waters as if it were a landmass (Slomanson 305). All aspects of the sea are under its control, including the seabed and airspace. Furthermore, Ecuador is allowed to impose laws that regulate the territory and consume resources that lie inside this defined area. Within this territorial sea, Ecuador “must exercise its sovereign power in this adjacent strip of water” (Slomanson 305). Additionally, Ecuador is expected to chart this water and to provide warning of navigational hazards (Slomanson 305). However, Ecuador did not act upon this and was “lax in enforcing it”. In 1951, the International Court of Justice issued this statement in response to a ruling:
United Nations , "United Nations and Convention on the Law of the Sea:Division for Ocean Affairs and the LAw of the Sea." Accessed November 27, 2013. http://www.un.org/depts/los/convention_agreements/texts/unclos/UNCLOS-TOC.htm.
At the end of the Napoleonic Wars, the Haitian Revolution and the Latin American War of Independence, the 1823 United States Gazette estimated that almost 3,000 attacks had been made on merchant ships by pirates inhabiting the Caribbean Sea and the Gulf of Mexico. Piracy in this region not only contributed to financial loss but frequently, murder and torture were seen as well. The 1820s was comprised of a resurge of pirates who had not been seen since the days of Blackbeard and Bartholomew Roberts in the previous century. This increase led insurance companies to raise their premiums above those charged at the height of the British blockade in 1815 which further hindered the common mariner’s ability to sail and trade.
Modern piracy has touched nearly every corner of the globe and has increased with globalization. The tentacles of piracy now extend from South America to the South China Sea. The greatest numbers of piracy incidents occur along maritime commercial trade routes. Since China dominates the world’s container shipping industry, the South China Sea has become a hotspot for piracy (Kraska 2011). The prominence of cargo activity increases opportunity for pirates and indisputably triggered the sixty- nine incidents of piracy that were reported in 2009 in the South China Sea (Kraska 2011).
According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement of these groups and individuals that such patterns of interaction produce reciprocal expectations of conduct that out to be satisfied (Shaw 72-73). In other words, customary international laws are primarily concerned with how and why sates behave in a particular manner. Customs derive from the behavior of states (state practice) and the subconscious belief that a behavior is inherently legal (opinio juris). Evidence of state behavior is documented in the decisions of domestic courts, international courts, and international organizations. Unlike treaty law, customary laws are binding on all states. Additionally, if a treaty derives from a custom it is also binding on all states. Some of the international court cases that have been instrumental in the development of customary international law include the Nicaragua v. United States case, the Anglo-Norwegian Fisheries case, the Scotia case, the Asylum case, the Paquete Habana case, and the Lotus case.
In this paper, I will attempt to describe the piracy problem in China, discuss how the Chinese government is dealing with it, present the global effect, and finally arrive at what would be an ethical solution to piracy fitting for China's situation.
The Golden Age of Piracy began around 1650, and ended around 1730. Piracy is an act of robbery or criminal violence at sea, but can include acts committed on land, in the air, or in other major bodies of water or on a shore. It does not normally include crimes committed against persons traveling on the same vessel as the criminal. The term has been used throughout history to refer to raids across land borders by non-state agents. A pirate is one who commits robberies at sea, usually without being allotted to do so by any particular nation. The usual crime for piracy can include being hung, or publically executed. Some of the most famous pirates who were killed either because of piracy, or because of natural causes, are Barbarossa, Stede Bonnet, Anne Bonney, Sir Francis Drake, Captain Greaves, William Kidd, Jean Laffite, Sir Henry Morgan, Mary Read, and Giovanni da Verrazano.
Although merchant ships spend most of their lifetime outside the territorial waters, the current international maritime legal regime is ironically revolved around nationality of the vessel. Every vessel engaged in international trade must register in a country and is subjected to the regulatory control of that country whose flag it flies as per the existing international maritime law. Resultantly, any country has the right to allow a vessel to fly its national flag and to therefore bestow its nationality upon that vessel. When a vessel owner registers a vessel with a nation, the owner agrees to abide by that nation’s law and regulations of that ‘flag state’ in return for protection and the right of its vessel to be of that sovereign state. A system commonly known as “Flags of Convenience” (FOC) has developed, in which commercial vessels register in countries with “open registries” and consequently the ships contain practically no link at all to the flag states in which they are registered.
Although Britain cannot be blamed though for lack of trying, piracy still exists today. Yet, because the act continues at sea often far from land, it gains little media attention, and therefore less action from governments. China, despite being a number one producer of pirates, continues to deny that there is a problem while at the same time often pardoning those who are caught. Countries such as Indonesia and Philippines, which have been hardest hit in the past few years by pirates, are looking for international assistance. The West is, of course, looked to for solutions yet choose seemingly chooses to turn a blind eye, perhaps in the name of diplomacy. When the world is ready to combat the perpetual problem of piracy, it may discover that by intertwining tougher policies aimed at dealing with piracy with current or future trade negotiations, productive steps can be taken to initiate plans to curtail modern day sea wolves who prey on the helpless. The suggestion of ‘Piracy Charters’ will be discussed further as the means of which to add the topic of to multilateral agreements.
“On November 21, 1947, the General Assembly of the United Nations adopted resolution 174 (II), establishing the International Law Commission and approving its statute.”[2] The International Law Commission encourages the development of international law and its codification. The Commission deals primarily with public international law, but also hears private cases as well.[3] International law is applied within an international community, such as the United Nations, and functions to define the proper norms or standards for members to abide by in a collective manner. Examples of such standards could be a ruling on The Universal Declaration of Human Rights or on threats to peace within the International Community.
The Horn of Africa is one of the most important hubs for maritime traffic in the world today. Raw goods, including oil, that are departing the nations of the Arabian Peninsula in the Middle East must pass through this area in route to Europe and the West. Three-fourths of the Earth is covered in water and roughly eighty percent of global economic goods are transported via commercial maritime shippers. The volume of maritime trade is highly congested in this region. Ships must pass through either the Gulf of Aden and ultimately to the Mediterranean or proceed south from the Arabian Sea towards the southern trip of Africa via the Indian Ocean. Piracy in the region has increasing dramatically in the last decade, largely because Somalia and Yemen can be considered failed states. The lack of government involvement in suppressing pirate activities has indirectly allowed them to flourish. The sheer size of the area, roughly two and a half billion square miles, goes predominantly unpatrolled. The scope of the problem piracy poses pales in comparison to the size of the ocean in which they successfully operate.
For example, states remain the key negotiators and entities in major global governance entities. Additionally, states retain compulsory power over their subjects or constituents, a form of control that new players in global governments have generally not obtained. Globalization has led to several substantial changes in global governance and the entities participating in governance activities. First, over the past 70 years, an increasing number of nations have signed onto international agreements. For example, when the Global Agreement on Tariffs and Trade (GATT) was created in 1947, it had no institutional structure; by 2009, though, more than 150 nations – accounting for 97% of world trade – were members of GATT’s successor, the World Trade Organization (Fidler, 2009).
Many controversies have arisen nowadays as to whether international law is “natural law”, international law now faces considerable criticism as to its effectiveness as law and doubts as to its actual existence, and its power to bind countries .
Public International law International law contains of rules and principles, which preside over the relations and communication of nations with each other. International Law that is in most other countries referred to as Public International Law concerns itself only with questions of rights among more than a few nations or nations and the citizens or subjects of other nations. In dissimilarity, Private International Law deals with controversies among confidential persons, natural or juridical, arising out of situations having important association to further than one nation. In current years the line up connecting public and private international law have became more and more doubtful. Issues of private international law may also associate issues of public international law and numerous matters of private international law nave considerable meaning for the international group of people of nations. International Law consists of the basic, classic concepts of law in nationwide legal systems, status, property, responsibility, and tort. It also includes substantive law, procedure, process and remedies. International Law is rooted in receipt by the nation states, which comprise the system. Customary law and conventional law are primary sources of international law. Customary international law results when states trail convinced practices usually and time after time out of an intelligence of legal responsibility. Lately the customary law was codified in the Vienna Convention on the Law of Treaties. Conventional international law derives from international agreements and may obtain any appearance that the constricting parties have the same opinion upon. Agreements may be complete in admiration to any substance except for to the leve...
Currently, International system is focusing on issues related with maritime security. Maritime security coxncern with threats that prevail in the maritime domain (Klein 2011; Kraska and Pedrozo 2013; Roach 2004; Vrey 2010, 2013). These threats include interstate-dispute, terrorism, piracy, drugs trafficking, people and illicit foods, arms proliferation, illegal fishing, environmental crimes, as well as accidents and disaster which happen in maritime domain. Thus, generally, maritime security can be defined as the absence of those threats. Meanwhile, there is an argument that inter-states dispute should be categorized as national security instead of maritime security. Thus, there is another definition of maritime security which define maritime security as good or stable order at sea (Till 2004; Vrey 2010; Kraska and Pedrozo 2013: 1). The definition of maritime security from one to another is different as the scope of maritime security is broad and each actor has different point of view on the issue. There is no universal legal definition about maritime security. The United Nation itself only