On the Problem of Utilizing Unilateral Action to Prevent Acts of Sea Piracy and Terrorism: A Proactive Approach to the Evolution of International Law
Syracuse Journal of International Law and Commerce, Vol. 32, Issue 1, 2004
50 Pages Posted: 21 Oct 2012
Date Written: 2004
Abstract
Piracy and terrorist attacks have many similarities but the goals of pirates and terrorists are different. The international community simply wanted the definition of piracy to mean piracy on the high seas by one private vessel against another. Under international law, UNCLOS, these acts of piracy occur on the high seas, not in the territorial/internal waters of a coastal state. 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 taken by piracy and under the control of pirates, and arrest the persons and seize the property on board. With the adoption of national legislation, along with the training of seafarers, port staff and enforcement personnel, and provisions of enforcement vessels and equipment to guard against fraudulent ship registration, states would be better able to prevent and combat piracy and armed robbery. A terroristic or piracy attack leading to oil or chemical spills could lead to disastrous consequences traveling up the entire food chain.
Keywords: sea piracy, terrorism, UNCLOS, law of the sea, oil spills, chemical spills, international law
JEL Classification: I18, K33
Suggested Citation: Suggested Citation