The international fight against modern-day piracy : are the legal regulations enough?

Abstract

The thesis is an analysis and examination of the existing international and national regulations with regards to the crime of piracy. The main legal issue within the thesis deals with the question whether modern-day piracy acts and terrorism on sea is covered by the existing piracy regulations like Article 101 of UNCLOS, the SUA Convention and its amended protocols as of 2005. Thereby, it is examined whether the existing regulations are outdated or can be interpreted with regards to the further development of piracy acts. With regards to this interpretation, the Harvard Draft on Piracy is examined as it is the cornerstone of existing international piracy laws. The thesis further deals with an examination of the competency in enforcement rights and the overlap and interference of international legislation with coastal states' rights. Thereby, Article 105 and 100 of UNCLOS will be assessed. The thesis discovers as well future prospects and tendencies in the fight against piracy and terrorism on sea like the established UN Resolutions especially with regards to the piracy threat in Somalia and the international discussions about setting up an international tribunal responsible for piracy acts. The thesis concludes with a suggestion which further actions would be required and sensible to effectively combat the increasing threat of piracy acts and terrorism on sea.