Maritime Law Resources: Marine Terrorism/Piracy

Nine core documents of the US government chronicle the application of The New World Order to America. They include the Aviation and Transportation Security Act, the Homeland Security Act of 2002, the Maritime Transportation Security Act of 2002, the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, the 2002 Supplemental Appropriations Act for Further Recovery from and Response to Terrorist Attacks on the United States, the Terrorism Risk Insurance Act of 2002, the Terrorist Bombings Convention Implementation Act of 2002, and the USA PATRIOT Act of 2001. An index cites sections within each statute, but there is no general index.

Recent legal responses to international terrorism have been unprecedented and, in certain instances, controversial. Challenges for the legal community, especially scholars, are to explore alternatives and recommend measures within a legal framework to solve this multi-faceted problem. Contributors to this important book have accepted and risen to this challenge. They describe and provide a comprehensive and insightful analysis of the pertinent domestic, bilateral, regional and international legal developments in the war against terrorism. Subjects covered include Terrorism, International Law and International Organizations; The U.N. in the War Against International Terrorism; Lawful and Unlawful Wars Against Terrorism; The Threat of Nuclear Terrorism; Detention of Terrorists As Unlawful Combatants and Their Trial by American Military Tribunals; and much more. The authors include distinguished legal scholars and award winning jurists and practitioners, among them Peter Kovacs, Mary Ellen OConnell, Larry D. Johnson, Robert Hardaway, Christopher Hardaway, James Siegesmund, Spencer J. Corona, Neal A. Richardson, Claude dEstree, James A. R. Nafziger, Ronald R. Robinson, and Ved P. Nanda.Published under the Transnational Publishers imprint.

This informative study provides a comprehensive approach to an age-old disruption of the order of the oceans. Many of the norms proscribing piratical acts that are codified in contemporary international law are vestiges of 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, mostly Somali based, and a higher number of attempts. This book presents perspectives on the problem, offered by contributors from four continents, diverse legal cultures, and multiple disciplines. The book 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 countermeasures, 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. The book is a collaboration of the Center 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 (US).

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 internationalized 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.