Assessing the Viability of the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation

The terrorist attack on the Achille Lauro prompted the international community to adopt the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA) 1988, which established a legal basis for prosecuting maritime violence that did not fall within the piracy f...

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Main Authors:	Abdul Ghafur Hamid @ Khin Maung Sein, Ghafur, Kyaw Hla Win @ Md. Hassan Ahmed, Hassan
Format:	Article
Language:	English
Published:	AENSI Publications 2012
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/27659/ http://irep.iium.edu.my/27659/ http://irep.iium.edu.my/27659/1/Assessing_the_vialbility_of_the_2005_Protocol_to_SUA_Convention_%28Prof._Ghafur%2C_AJBAS_2012%29.pdf

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spelling	iium-276592013-04-29T13:15:47Z http://irep.iium.edu.my/27659/ Assessing the Viability of the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation Abdul Ghafur Hamid @ Khin Maung Sein, Ghafur Kyaw Hla Win @ Md. Hassan Ahmed, Hassan K Law (General) The terrorist attack on the Achille Lauro prompted the international community to adopt the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA) 1988, which established a legal basis for prosecuting maritime violence that did not fall within the piracy framework of the United Nations Convention on the Law of the Sea 1982. To extend the range of offences covered by the Convention, it was amended by the 2005 Protocol. The Protocol, however, has been the subject of much criticism. One of the most serious criticisms of the Protocol is directed at its Article 8bis, which authorizes a state party to visit a ship flying the flag of another state party without prior authorization from the flag state on the ground of failure to respond within four hours. In fact, this provision is in conflict with the exclusive jurisdiction of a flag state over a ship flying its flag on the high seas. This is the reason why although the 2005 Protocol entered into force on 28 July 2010, until present, there are only 22 States parties, most of which are not major maritime countries. The main objective of this paper therefore is to identify shortcomings of the 2005 Protocol and assess its viability. It is suggested that the 2005 Protocol needs to be revised to cure its deficiencies in order to attract more states to become parties to it. AENSI Publications 2012-12 Article PeerReviewed application/pdf en http://irep.iium.edu.my/27659/1/Assessing_the_vialbility_of_the_2005_Protocol_to_SUA_Convention_%28Prof._Ghafur%2C_AJBAS_2012%29.pdf Abdul Ghafur Hamid @ Khin Maung Sein, Ghafur and Kyaw Hla Win @ Md. Hassan Ahmed, Hassan (2012) Assessing the Viability of the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. Australian Journal of Basic and Applied Sciences, 6 (11). pp. 137-144. ISSN ISSN 1991-8178 http://www.ajbasweb.com
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Abdul Ghafur Hamid @ Khin Maung Sein, Ghafur Kyaw Hla Win @ Md. Hassan Ahmed, Hassan Assessing the Viability of the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation
description	The terrorist attack on the Achille Lauro prompted the international community to adopt the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA) 1988, which established a legal basis for prosecuting maritime violence that did not fall within the piracy framework of the United Nations Convention on the Law of the Sea 1982. To extend the range of offences covered by the Convention, it was amended by the 2005 Protocol. The Protocol, however, has been the subject of much criticism. One of the most serious criticisms of the Protocol is directed at its Article 8bis, which authorizes a state party to visit a ship flying the flag of another state party without prior authorization from the flag state on the ground of failure to respond within four hours. In fact, this provision is in conflict with the exclusive jurisdiction of a flag state over a ship flying its flag on the high seas. This is the reason why although the 2005 Protocol entered into force on 28 July 2010, until present, there are only 22 States parties, most of which are not major maritime countries. The main objective of this paper therefore is to identify shortcomings of the 2005 Protocol and assess its viability. It is suggested that the 2005 Protocol needs to be revised to cure its deficiencies in order to attract more states to become parties to it.
format	Article
author	Abdul Ghafur Hamid @ Khin Maung Sein, Ghafur Kyaw Hla Win @ Md. Hassan Ahmed, Hassan
author_facet	Abdul Ghafur Hamid @ Khin Maung Sein, Ghafur Kyaw Hla Win @ Md. Hassan Ahmed, Hassan
author_sort	Abdul Ghafur Hamid @ Khin Maung Sein, Ghafur
title	Assessing the Viability of the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation
title_short	Assessing the Viability of the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation
title_full	Assessing the Viability of the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation
title_fullStr	Assessing the Viability of the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation
title_full_unstemmed	Assessing the Viability of the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation
title_sort	assessing the viability of the 2005 protocol to the convention for the suppression of unlawful acts against the safety of maritime navigation
publisher	AENSI Publications
publishDate	2012
url	http://irep.iium.edu.my/27659/ http://irep.iium.edu.my/27659/ http://irep.iium.edu.my/27659/1/Assessing_the_vialbility_of_the_2005_Protocol_to_SUA_Convention_%28Prof._Ghafur%2C_AJBAS_2012%29.pdf
first_indexed	2023-09-18T20:41:00Z
last_indexed	2023-09-18T20:41:00Z
_version_	1777409363918454784

Assessing the Viability of the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation

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