On the Ninth Circuit's New Definition of Piracy: Japanese Whalers V. The Sea Shepherd - Who are the Real 'Pirates' (i.e. Plunderers)?

Journal of Maritime Law & Commerce, Vol. 45, No. 4, 2014

30 Pages Posted: 21 Apr 2016

See all articles by Barry Dubner

Barry Dubner

Barry University - Dwayne O. Andreas School of Law

Claudia Pastorius

Barry University - Dwayne O. Andreas School of Law

Date Written: 2014

Abstract

The word piracy conjures up images that have terrorized mankind throughout history. A pirate was a robber, a murderer, and a plunderer who attacked merchant vessels and towns by the coast. To call the anti-whaling Sea Shepard group “pirates” is simply beyond the pale.

This article will review the Ninth Circuit’s decision to see if it was correct in holding that these interventionists were “pirates,” rather than considering their acts of violence as maritime torts. In order to discuss the proper use of the terms, it is necessary to look at the legislative history of the definition of piracy found in UNCLOS. Even though the Ninth Circuit has used a “plain meaning” rule to define “private ends,” this article will demonstrate that the Sea Shepard participants and the Sea Shepard Corporation have not actually committed acts of “piracy.”

Keywords: Ninth Circuit, Piracy, Maritime Torts, UNCLOS, Sea Shepard, Pirate, Plunderer, Whaling, Whale, Interventionist

Suggested Citation

Dubner, Barry and Pastorius, Claudia, On the Ninth Circuit's New Definition of Piracy: Japanese Whalers V. The Sea Shepherd - Who are the Real 'Pirates' (i.e. Plunderers)? (2014). Journal of Maritime Law & Commerce, Vol. 45, No. 4, 2014, Available at SSRN: https://ssrn.com/abstract=2764521

Barry Dubner (Contact Author)

Barry University - Dwayne O. Andreas School of Law ( email )

6441 East Colonial Drive
Orlando, FL 32807
United States

Claudia Pastorius

Barry University - Dwayne O. Andreas School of Law ( email )

6441 East Colonial Drive
Orlando, FL 32807
United States

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