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

See all articles by Leticia M. Diaz

Leticia M. Diaz

Barry University - Dwayne O. Andreas School of Law

Barry Dubner

Barry University - Dwayne O. Andreas School of Law

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

Diaz, Leticia M. and Dubner, Barry, On the Problem of Utilizing Unilateral Action to Prevent Acts of Sea Piracy and Terrorism: A Proactive Approach to the Evolution of International Law (2004). Syracuse Journal of International Law and Commerce, Vol. 32, Issue 1, 2004, Available at SSRN: https://ssrn.com/abstract=2164974

Leticia M. Diaz (Contact Author)

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

6441 East Colonial Drive
Orlando, FL 32807
United States

Barry Dubner

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

6441 East Colonial Drive
Orlando, FL 32807
United States

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