Piracy in Contemporary National and International Law

12 Pages Posted: 27 Apr 2016

See all articles by Barry Dubner

Barry Dubner

Barry University - Dwayne O. Andreas School of Law

Date Written: 1990

Abstract

The author believes that there are two types of piracy. The first type I would call "classical piracy." Classical piracy is really a catch-all way of including domestic crimes of murder, plunder, robbery and kidnapping, that have been elevated to the international level and have questionably become a crime against mankind. Classical piracy has been reduced to treaty form both in 1958 and 1982. The second type of piracy may be called "modern-day piracy." Modern-day piracy is really a crime that falls under the catch-all word "piracy" that can include air piracy, hijacking (both air and sea), and possibly the destruction of oil rigs and nuclear facilities. Most of these types of modern-day piracy are reduced to crimes by domestic legislation.

Developed countries are naturally desirous of being able to "try" persons who have killed their nationals. Indeed, domestic legislation may supplement these wishes. Is it necessary to expand the classical definition of piracy to a modern-day international treaty? Should we permit countries to avoid "extradition" (assuming their laws permit them to do so) if available to them in order to accomplish this result? We know that the classical form of piracy (ship-to-ship) does occur today. There have been many reported incidents off the coasts of various African nations, in the Far East and in the Caribbean. Outlaws of the Ocean gives many examples. But can a country go into another country's water in "hot pursuit" without permission, capture these pirates and either (1) turn them over to the country, or (2) try them under the international crime of piracy as a crime against mankind or, under their own domestic laws? Are we not really asking whether the doctrine of "hot pursuit" should be expanded to allow capture of persons alleged to have committed domestic crimes?

The question is whether or not nations will accept this expansive definition and will agree to be bound by their reduced jurisdiction in these particular arenas. Obviously, if the crime itself is expanded to incorporate new crimes (or occurrences that we consider crimes), then individual states will have to accept limitations on their jurisdictional powers and give way to permitting other states to exercise enforcement procedures against the expanded crime. The author does not believe that the world community is ready for this broader expansion of jurisdictional power, because individual states may not be willing to limit their respective jurisdictional powers to achieve a more comprehensive international deterrent.

Keywords: Classical Piracy, Modern Piracy, Outlaws of the Ocean, Air Hijacking, Sea Hijacking, Classical Piracy Treaty, Domestic Legislation, African, Far East, Caribbean, Hot Pursuit, Extradition, Pirates, Plunder, Law of the Sea, International Law, Deterrent

Suggested Citation

Dubner, Barry, Piracy in Contemporary National and International Law (1990). California Western International Law Journal, Vol. 21, No. 1, 1990, Available at SSRN: https://ssrn.com/abstract=2770629

Barry Dubner (Contact Author)

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

6441 East Colonial Drive
Orlando, FL 32807
United States

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