scholarly journals Maritime Piracy and its Characterization as a Threat: Presence, Type, Arms, Violence, and Ships under Attack between 1991 and 2019

2021 ◽  
Vol 16 (1) ◽  
Author(s):  
Pablo Rivas Pardo
Keyword(s):  
United Nations ◽  
Present Article ◽  
Theoretical Perspective ◽  
International Maritime Organization ◽  
Annual Reports ◽  
Law Of The Sea ◽  
Maritime Trade ◽  
Maritime Piracy ◽  
United Nations Convention ◽  
The United Nations

Maritime piracy is a threat to maritime trade whose contemporary version has been legally addressed by the United Nations Convention on the Law of the Sea (UNCLOS) and International Maritime Organization (IMO) and coercively by the UN and EU. The present article analyzes maritime piracy from the Copenhagen School’s theoretical perspective and its application to the International Chamber of Commerce’s annual reports on piracy, whose information ranges from 1991 to 2019. This analysis indicates two increase periods, characterized by presence, type, arms, violence, and ships under attack.

19 The International Maritime Organization

2015 ◽  
Author(s):  
Chircop Aldo
Keyword(s):  
United Nations ◽  
International Law ◽  
Critical Role ◽  
Governance Structure ◽  
International Maritime Organization ◽  
Law Of The Sea ◽  
Intergovernmental Organization ◽  
United Nations Convention ◽  
The United Nations ◽  
Special Competence

The International Maritime Organization (IMO) is an intergovernmental organization with special competence in matters relating to navigation and shipping. It also plays a critical role in the international law of the sea. This chapter discusses the purposes, functions, and governance structure of the IMO; and the functions of the IMO in the United Nations Convention on the Law of the Sea (LOSC).

scholarly journals Security Council and the Repression of Maritime Piracy: The Case of Somalia

2020 ◽  
Vol 9 (2) ◽  
Author(s):  
Safwan Maqsood
Keyword(s):  
United Nations ◽  
Security Council ◽  
State Intervention ◽  
Law Of The Sea ◽  
International Peace ◽  
Maritime Piracy ◽  
National Courts ◽  
Maritime Navigation ◽  
United Nations Convention ◽  
The United Nations

Maritime piracy in the Somali territorial waters has been the focus of attention of international society for at least twelve years, and indeed the crime of piracy threatens international peace and security in a region through which half of the world’s crude oil passes. In the three-decade absence of a Somali State, intervention by the Security Council is required to suppress such crimes and ensure freedom of maritime navigation. The Council resolutions based on Chapter VII of the UN Charter call for the Member States of the United Nations to arrest and bring to trial those accused of piracy before national courts. It is necessary for the States that are involved in anti-Somali piracy efforts to incorporate the principle of universal jurisdiction into their national laws and adopt new laws criminalizing modern piracy, which is outside the traditional notion of piracy stipulated in the United Nations Convention on the Law of the Sea 1982.

The Commission on the Limits of the Continental Shelf and its Disturbing Propensity to Legislate

2011 ◽  
Vol 26 (3) ◽  
pp. 355-383 ◽  
Author(s):  
Andrew Serdy
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
Continental Shelves ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

AbstractCreated by the United Nations Convention on the Law of the Sea to apply the rules in Article 76 on the outer limits of the continental shelf beyond 200 nautical miles from States’ territorial sea baselines, the Commission on the Limits of the Continental Shelf has on several occasions introduced new requirements for States not supported by Article 76, or impermissibly qualifying the rights Article 76 accords them. This article focuses on several such instances, one to the coastal State’s advantage (though temporally rather than spatially), another neutral (though requiring unnecessary work of States), but the remainder all tending to reduce the area of continental shelves. The net effect has been to deprive States of areas of legal continental shelf to which a reasonable interpretation of Article 76 entitles them, and in one case even of their right to have their submissions examined on their merits, even though, paradoxically, the well-meaning intention behind at least some of the Commission’s pronouncements was to avoid other controversies.

Innocent Passage and the 1982 Convention: The Influence of Soviet Law and Policy

1987 ◽  
Vol 81 (2) ◽  
pp. 331-347 ◽  
Author(s):  
W. E. Butler
Keyword(s):  
Soviet Union ◽  
United Nations ◽  
Present Article ◽  
Law Of The Sea ◽  
Special Importance ◽  
Policy Changes ◽  
Law And Policy ◽  
The Soviet Union ◽  
Sea Power ◽  
United Nations Convention

On April 28, 1983, the Soviet Union became the first maritime country of consequence and the largest sea power signatory to the 1982 United Nations Convention on the Law of the Sea to enact legislation implementing the provisions of that instrument regulating the innocent passage of foreign warships. The stature of the Soviet Union within the framework of the Convention and the policy changes embodied in the 1983 legislation confer a special importance on these new Rules, whose text and interpretation will become a standard emulated by other countries. The present article examines the text of the Rules against the background of previous Soviet legislation, the 1982 Convention and its negotiating history, and the application of the Rules.

How to Amend UNCLOS and Why It Has Never Been Done

2021 ◽  
Vol 9 (1) ◽  
pp. 72-83
Author(s):  
Chris Whomersley
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
International Organisations ◽  
International Labour Organisation ◽  
International Maritime Organisation ◽  
Consensus Procedure ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Labour Organisation

Abstract The United Nations Convention on the Law of the Sea (UNCLOS) contains detailed provisions concerning its amendment, but these have never been used and this article explores why this is so. States have instead maintained the Convention as a “living instrument” by adopting updated rules in other organisations, especially the International Maritime Organisation and the International Labour Organisation. States have also used the consensus procedure at Meetings of the States Parties to modify procedural provisions in UNCLOS, and have adopted two Implementation Agreements relating to UNCLOS. In addition, port State jurisdiction has developed considerably since the adoption of UNCLOS, and of course other international organisations have been active in related fields.

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