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Vol 22 No 10 Oct/Nov 2017

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Piracy in Comparative Perspective: Problems, Strategies, Law

Edited by: Charles H. Norchi, Gwenaele Proutière-Maulion

ISBN13: 9781849464420
Published: September 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £54.99



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This new work presents a comprehensive approach to an age old disruption of the order of the oceans that was known to ancient Greece, Persia, the first Indian Empire, the Han Dynasty of China and the early European maritime powers.

Many of the norms proscribing piratical acts that are codified in contemporary international law are vestiges of those earlier periods. Yet contemporary maritime piracy is more complex and intense. The International Maritime Bureau of the International Chamber of Commerce reported 439 reports of actual piracy attacks in 2011, most Somali based, and a higher number of attempts. This book presents perspectives on the problem by contributors from four continents, diverse legal cultures, and multiple disciplines.

This volume appraises piracy from the comparative perspectives of those disciplines and from the standpoint of key participants in the social processes that are plagued by piracy-mariners, navies, ship owners and operators, policy makers and lawyers. Decision-making and operational measures cannot be separated from piracy's origins and continuing social impact.

Thus the contributors bring clarity to the problem through the lenses of history, development, law, maritime security, fisheries, economics and ocean commerce. Maritime piracy initiatives are generating a great number of operational and institutional counter-measures and the diversity of stakeholder interests often complicates proposed solutions.

Against that backdrop the contributors examine strategies - the range of available modalities to address and correct the problem - through the lenses of naval power, port state control, penal systems and development. And they appraise law - both national and international authoritative decision-making - viewing state practice, international regulations, tribunal judgments, custom and international conventions from the comparative perspectives of Africa, India, England, France and the United States.

Piracy in Comparative Perspective is a collaboration of the Centre for Maritime and Oceanic Law (CDMO) of the University of Nantes (France) and the Center for Oceans and Coastal Law of the University of Maine School of Law (United States), prepared under the direction of Professor Charles H. NORCHI and Dr. Gwenaële PROUTIERE-MAULION.

A joint publication of Editions Pedone and Hart Publishing

Subjects:
Public International Law
Contents:
The Piracy Problem: The Puntland Perspective
The President of Puntland State of Somalia His Excellency Abdirahman Mohamed MOHAMUD (FAROLE)
Introduction
Piracy in Comparative Perspective
I. The Problem and the Trends
1. The Enemy of All Mankind
Dominique GAURIER
2. Plague of Pirates – A Primer
Tom TULLOCH
3. The Tuna Fishery and Piracy
E. CHASSOT, P. GUILLOTREAU, D. KAPLAN, T. VALLÉE
4. Concerns, Consequences, and Resolutions to Somali Piracy
Martin MURPHY
II. Participants and Perspectives
5. Seafarers: Piracy Protection
Patrick CHAUMETTE
6. Shipowners: the Piracy Challenge
Simon DELFAU
7. The Shipping Industry and Piracy
Arthur BOWRING and Alexander MCKINNON
8. The Indian Subcontinent and Counter-Piracy: The Indian Perspective
Fozia NAZIR LONE
9. Perspectives From Central and West Africa
Claude KIRONGOZI ICHALANGA
III. Strategies
10. Comparative Counter-Piracy Strategy: European, American, African, and Asian Approaches
James KRASKA
11. Operation Atalanta
Cédric LEBOEUF
12. Port State Control
Z. OYA ÖZÇAYIR
13. The Global Insurance Industry
Poomintr SOOKSRIPAISARNKIT
14. The Role of Media and Communications
Edward GIRARDET
IV. Law
15. Challenges of Jurisdiction and Prosecution
Michael J. STEPEK
16. The New French Law on Piracy
Valérie BORÉ EVENO
17. United States Law on Piracy
Timothy STEIGELMAN
18. A Holistic Approach to Piracy: Toward a Public Order of Human Dignity through Corporate Social Responsibility
Gwenaële PROUTIÈRE-MAULION
Conclusion
Piracy and the Public Order of the Oceans
Charles H. NORCHI