The Law of International Sea Piracy

Abstract

The word "piracy" has been applied to acts of murder, robbery, plunder, rape and other villainous deeds which have transpired throughout history. Piracy usually conjures up images of a flag with skull and crossbones and of swashbucklers, plundering ships and taking booty as prize. Traditionally, acts of piracy have been condemned by municipal law. It was not until the twentieth century, however, that notions of piracy were recognized by the UN which produced the Convention on the High Seas', of which eight articles (the 1958 Articles) relate to piracy.

This article discusses the problems raised in the context of international legal norms and international conventions on piracy. The article begins by explaining the 1958 Articles and the Informal Composite Negotiating Text provisions on piracy currently being discussed at the Third United Nations Conference on the Law of the Sea. Then the article reviews general developments in the international law of the sea as they relate to piracy. Finally, the article describes the specific problems left unsolved by the 1958 Articles and the 1977 composite text, and recommends future approaches toward the international regulation of piracy.

Keywords: International sea piracy, sea piracy, United Nations Convention on the High Seas, International law, negotiating and sea piracy

JEL Classification: K14, K33, K42