Combating piracy under the United Nations convention on the Law of the Sea 1982

Piracy has long been a serious threat to humankind from the time when people started navigation at seas and it still occurs in various parts of the world despite the efforts being made by the international community. The highest number of attacks occurred as recent as in 2011 ever since IMO started...

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Main Authors:	Ansari, Abdul Haseeb, Win, Kyaw Hla, Hamid, Abdul Ghafur@Khin Maung Sein
Format:	Article
Language:	English
Published:	Indian Law Institute, New Delhi, India 2014
Subjects:	K Law (General) KZ Law of Nations
Online Access:	http://irep.iium.edu.my/42448/ http://irep.iium.edu.my/42448/ http://irep.iium.edu.my/42448/1/42448.pdf

id	iium-42448
recordtype	eprints
spelling	iium-424482018-06-20T05:19:36Z http://irep.iium.edu.my/42448/ Combating piracy under the United Nations convention on the Law of the Sea 1982 Ansari, Abdul Haseeb Win, Kyaw Hla Hamid, Abdul Ghafur@Khin Maung Sein K Law (General) KZ Law of Nations Piracy has long been a serious threat to humankind from the time when people started navigation at seas and it still occurs in various parts of the world despite the efforts being made by the international community. The highest number of attacks occurred as recent as in 2011 ever since IMO started preparing annual report from 1984. Definition of piracy under the primary global anti-piracy instrument, i.e. the UNCLOS 1982, merely codifies customary international law relating to piracy and thus it only provides legal basis to cover traditional piracy. Pirates have taken new trends and employed new methods, which are different from the classical piracy by taking advantage from technological advancements of the modern era. The UNCLOS 1982 piracy regime is too narrow to be effective in combating modern-day piracy and thus there is a need to provide a wide-ranging definition of piracy in which all forms of modern-day piratical attacks can be considered as offences. In suppressing piracy, it is paramount to reexamine the efficacy of the piracy regime under the UNCLOS 1982. Accordingly, the author intents to evaluate its shortcomings and proposes viable solutions. This article critically analyses the essential elements of the definition of piracy, i.e. acts of piracy; private ends; two ships; private ships; and locality of piracy. Moreover, the jurisdiction to seize pirate ships and prosecution of pirates are also examined thoroughly with the intention to contribute in suppressing piracy all over the world. Indian Law Institute, New Delhi, India 2014-02-04 Article PeerReviewed application/pdf en http://irep.iium.edu.my/42448/1/42448.pdf Ansari, Abdul Haseeb and Win, Kyaw Hla and Hamid, Abdul Ghafur@Khin Maung Sein (2014) Combating piracy under the United Nations convention on the Law of the Sea 1982. Journal of The Law Indian Institute, 56 (3). pp. 320-347. ISSN 0019-5731 http://ili.ac.in
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) KZ Law of Nations
spellingShingle	K Law (General) KZ Law of Nations Ansari, Abdul Haseeb Win, Kyaw Hla Hamid, Abdul Ghafur@Khin Maung Sein Combating piracy under the United Nations convention on the Law of the Sea 1982
description	Piracy has long been a serious threat to humankind from the time when people started navigation at seas and it still occurs in various parts of the world despite the efforts being made by the international community. The highest number of attacks occurred as recent as in 2011 ever since IMO started preparing annual report from 1984. Definition of piracy under the primary global anti-piracy instrument, i.e. the UNCLOS 1982, merely codifies customary international law relating to piracy and thus it only provides legal basis to cover traditional piracy. Pirates have taken new trends and employed new methods, which are different from the classical piracy by taking advantage from technological advancements of the modern era. The UNCLOS 1982 piracy regime is too narrow to be effective in combating modern-day piracy and thus there is a need to provide a wide-ranging definition of piracy in which all forms of modern-day piratical attacks can be considered as offences. In suppressing piracy, it is paramount to reexamine the efficacy of the piracy regime under the UNCLOS 1982. Accordingly, the author intents to evaluate its shortcomings and proposes viable solutions. This article critically analyses the essential elements of the definition of piracy, i.e. acts of piracy; private ends; two ships; private ships; and locality of piracy. Moreover, the jurisdiction to seize pirate ships and prosecution of pirates are also examined thoroughly with the intention to contribute in suppressing piracy all over the world.
format	Article
author	Ansari, Abdul Haseeb Win, Kyaw Hla Hamid, Abdul Ghafur@Khin Maung Sein
author_facet	Ansari, Abdul Haseeb Win, Kyaw Hla Hamid, Abdul Ghafur@Khin Maung Sein
author_sort	Ansari, Abdul Haseeb
title	Combating piracy under the United Nations convention on the Law of the Sea 1982
title_short	Combating piracy under the United Nations convention on the Law of the Sea 1982
title_full	Combating piracy under the United Nations convention on the Law of the Sea 1982
title_fullStr	Combating piracy under the United Nations convention on the Law of the Sea 1982
title_full_unstemmed	Combating piracy under the United Nations convention on the Law of the Sea 1982
title_sort	combating piracy under the united nations convention on the law of the sea 1982
publisher	Indian Law Institute, New Delhi, India
publishDate	2014
url	http://irep.iium.edu.my/42448/ http://irep.iium.edu.my/42448/ http://irep.iium.edu.my/42448/1/42448.pdf
first_indexed	2023-09-18T21:00:30Z
last_indexed	2023-09-18T21:00:30Z
_version_	1777410591614304256

Combating piracy under the United Nations convention on the Law of the Sea 1982

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