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Maritime Piracy: Crime and Security as Frameworks of Understanding

Alexandra Sommers April 20, 2008. Maritime Piracy: Crime and Security as Frameworks of Understanding. Original Research Questions. Can Applying Networks Centric Operation Theory to piracy help the anti-piracy effort? Need an implementing body Who are the implementing bodies?

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Maritime Piracy: Crime and Security as Frameworks of Understanding

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  1. Alexandra Sommers April 20, 2008 Maritime Piracy: Crime and Security as Frameworks of Understanding

  2. Original Research Questions • Can Applying Networks Centric Operation Theory to piracy help the anti-piracy effort? • Need an implementing body • Who are the implementing bodies? • Can utilizing NCO theory help produce a security regime on the seas? And will that help reduce piracy? • Who is to implement the law? • If caught, what happens next?

  3. Modern Pirate Trends • Pirate attacks peaked in 2003: 445 worldwide • 2006: 239 • 2007: 263 • Economic impact from $250 million to $16 billion

  4. Pirate Attacks 2007

  5. Literature • United Nations • International Maritime Organization • UN Conventions on the Laws of the Seas (UNCOLS) • International Chamber of Commerce • International Maritime Bureau • IMB yearly report on maritime piracy

  6. Literature • Catherine Raymond- Zara • Jolly Roger with an Uzi • Violence at Sea: Piracy in the Age of Global Terrorism • United Nations News Sources • Yearly report on piracy • Media Organizations

  7. Why? • Why are certain geographic areas more prone to piracy than others? • What can be done in these areas? • Maritime security regime is not going to affect unstable governments • Security regime is not going to affect poor nations • Assumption: There is less law on the sea… would more law be helpful?

  8. Why? • Why were attacks geographically specific? • Why were specific types of attacks geographically specific? • Why was nothing being done? • Why did the media only focus on Somalia? There are pirate attacks daily across the globe?

  9. Practical Requirements to Piracy • The rewards must be greater than the risks • The geographic area must be one in which the risk of detection is minimal • The geopolitical situation must allow for safe havens where pirates can hide, seek repairs for ships, obtain supplies, and sell their looted goods

  10. New Questions! • To have piracy in a geographic area, the three conditions must be met… • Therefore, change conditions. • First two are most likely to be changed • How to change these conditions?

  11. New Questions! Back to the Beginning… • What is piracy? How is it defined? • Piracy as a crime as defined by international law • Piracy as a global security threat • Discourse of piracy • Media • Academia • International Legal Organizations • Nation-States legal code

  12. Piracy as a Crime • “any illegal acts of violence or detention, or any act of depredation committed for private ends by the crew or passengers of a private ship or a private aircraft, and directed i) On the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft. ii) Against a ship, aircraft, persons or property in a place outside the jurisdiction or any State • Any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft. • Any act inciting or of intentionally facilitating an act described in sub-paragraphs a or b. • (Article 101: United Nations Convention on the Laws of the Seas 1982)

  13. Problems • Piracy as an act committed for private ends • Crime is the jurisdiction of any State if within the 12 nautical mile zone

  14. Security Threats • Humanitarian Threats • Environmental Threats • Links to Terrorism

  15. Research Question • As presented above, maritime piracy can be viewed from the framework of both international crime and as a security problem. My research question is to understand further the discursive differences in these two frameworks and how the discourse of crime and security have impacted maritime policy in international law

  16. Method • Critical Geopolitcal Lens of the discourse of piracy • International Maritime Law • International Maritime Policy • International Maritime Court Cases • Study of the Language of these cases • Case studies of pirate attacks (from a complied database of pirate attacks) to prove that the definition of piracy needs to be changed because of the new nature of piracy

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