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Vol 23 No 3 March/April 2018

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Scamell and Gasztowicz on Land Covenants

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Piracy and Armed Robbery at Sea: The Legal Framework for Counter-Piracy Operations in Somalia and the Gulf of Aden

ISBN13: 9780199609529
Published: February 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £71.00

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Since 2008 increasing pirate activities in Somalia, the Gulf of Aden, and the Indian Ocean have once again drawn the international community's attention to piracy and armed robbery at sea.

States are resolved to repress these impediments to the free flow of trade and navigation. To this end a number of multinational counter-piracy missions have been deployed to the region.

This book describes the enforcement powers that States may rely upon in their quest to repress piracy in the larger Gulf of Aden region. The piracy rules of the United Nations Convention on the Law of the Sea (UNCLOS) and the legal safeguards applicable to maritime interception operations are scrutinized before the analysis turns to the criminal prosecution of pirates and armed robbers at sea.

The discussion includes so-called shiprider agreements, the transfers of alleged offenders to regional states, the jurisdictional bases for prosecuting pirates, and the feasibility of an international(ized) venue for their trial.

In addressing a range of relevant issues, this book presents a detailed and comprehensive up-to-date analysis of the legal issues pertaining to the repression of piracy and armed robbery at sea and assesses whether the currently existing legal regime is still adequate to effectively counter piracy in the 21st century.

Public International Law
Part I: Current Efforts to Counter Piracy in Somalia and the Gulf of Aden
i: Piracy in the Gulf of Aden
ii: Efforts to Counter Piracy in the Gulf of Aden
iii: Conclusion
Part II: Historic Evolution of Legal Rules Relating to Piracy
i: Codification of Piracy Rules in the 20th Century
ii: Counter-Terrorism Rules Relevant for Violence against Ships and Persons on Board
iii: Regional Instruments
iv: Conclusion
Part III: Counter-Piracy Enforcement Powers and their Legal Constraints
i: Scope of Counter-Piracy Enforcement Powers
ii: Shiprider Agreements
iii: Legal Constraints on Counter-Piracy Enforcement Powers
Part IV: The Criminal Prosecution of Pirates and Armed Robbers at Sea
i: Adjucative Jurisdiction over Pirates and Armed Robbers at Sea
ii: Possible Venues for the Criminal Prosecution of Piracy Suspects
iii: Transfers of Piracy Suspects
iv: Right to Liberty
v: Conclusion;