On Selecting a Judicial System(s) to Try Sea Pirates - An Interesting/Necessary Exercise But is it Enough to Deter the Attacks/Hijackings?

Abstract

The topic of sea piracy can be approached based on environmental and human refugee situations. In this article, the author suggests the radical idea of attacking pirates in territorial waters arguing that attacks on the environment and on human refugees rise to the level of jus cogens violations.

World interest in piracy has peaked in the wake of the exposed Somali piracy situation. Although interruption of commercial shipping off the coast of Somalia, as well as out into the high seas has been explored in the past, the question remains: are we accomplishing as much as we can to prosecute piracy? This essay is written to shed more light on a somewhat muddled subject: i.e., creating a new legal regime to try pirates.

Keywords: sea piracy, jus cogens violations, international law, Somalia, prosecuting sea piracy

JEL Classification: K14, K33, K42