Moving from Crisis Management to a Sustainable Solution for Somali Piracy: Selected Initiatives and the Role of International Law

By Nanda, Ved P.; Bellish, Jonathan | Case Western Reserve Journal of International Law, Fall 2013 | Go to article overview

Moving from Crisis Management to a Sustainable Solution for Somali Piracy: Selected Initiatives and the Role of International Law


Nanda, Ved P., Bellish, Jonathan, Case Western Reserve Journal of International Law


Since 2012 a sharp decline in Somali piracy has occurred, primarily due to proactive naval actions from many countries and the shipping industry's preventive measures by implementing best management practices and the employment of private armed guards. In addition, numerous international organizations have been actively engaged in the complex process of combating piracy. But the underlying causes of piracy--such as poverty and unemployment among youth, coupled with the political, economic, and security problems in Somalia--persist. Hence, maritime piracy continues to be a global nuisance. Several states and international organizations are also engaged in the prosecution of pirates, which is an immense logistical and legal challenge, especially the prosecution of pirate leaders and financiers of piracy groups who constitute part of the land-based criminal networks and reside outside Somalia. The ongoing regulation of private maritime security companies by international, national, and non-governmental entities also presents an equally important challenge, as the security companies aspire to meet the twin objectives of ensuring the effective provision of maritime security and protecting the lives of innocent civilians who might be mistaken for pirates or otherwise get caught in the crossfire. As cost-effective suppression at sea continues, the transition must be to a sustainable solution on shore that can be accomplished with capacity-building measures. These include creating economic opportunities within Somalia and enhancing the rule of law along the Somali coastline. Otherwise, the hard-fought gains made to date could be reversed.

CONTENTS

I.   INTRODUCTION
II.  THE NATURE AND SCOPE OF THE MENACE OF PIRACY:
     CURRENT TRENDS
III. THE ROLE OF INTERNATIONAL ORGANIZATIONS
     A. The U.N. Secretary-General and Security Council
     B. International Maritime Organization
     C. North Atlantic Treaty Organization
     D. European Union
     E. The Contact Group on Piracy off the Coast of Somalia
     F. Combined Task Force 151
     G. United Nations Office on Drugs and Crime
IV.  THE UNITED STATES' RESPONSE TO PIRACY
V.   THE REGULATION OF PRIVATE MARITIME SECURITY COMPANIES
     A. Ongoing Regulatory Efforts in the Private Maritime Security
        Industry
        1. National regulation
        2. International regulation
        3. Nongovernmental regulation
     B. Criminal Jurisdiction at Sea and the Case of Mistaken Identity
        1. Criminal jurisdiction at sea
        2. Criminal law in a case of mistaken identity at sea
VI.  ESTABLISHING SOMALIA'S EXCLUSIVE ECONOMIC ZONE
     A. The Legal Character of the Exclusive Economic Zone
     B. The Status of Somalia's Exclusive Economic Zone
VII. APPLICABLE LEGAL FRAMEWORK
VIII. RECOMMENDATIONS
IX.  CONCLUSION

I. INTRODUCTION

Notwithstanding a sharp decline in Somali piracy since 2012, maritime piracy continues to be an ongoing global threat to international navigation, trade, and maritime and regional security. Efforts to combat this menace include concerted action by several international organizations, including the United Nations (U.N.), North Atlantic Treaty Organization (NATO), European Union (EU), African Union (AU), and the League of Arab States. More than forty countries are also involved in undertaking operations on their own or through the following coalitions: the European Union Naval Force Somalia through Operation Atalanta, the Standing Naval Group of NATO through Operation Ocean Shield, and the Combined Task Force 151.

In 2009, the Contact Group on Piracy off the Coast of Somalia (CGPCS) was established to coordinate several international organizations and countries engaged in preventing piracy. A number of other international, regional, and national initiatives, such as the Djibouti Code of Conduct Concerning the Repression of Piracy and Armed Robbery Against Ships in the Western Indian Ocean and the Gulf of Aden ("Djibouti Code of Conduct"), and the Indian Ocean Commission Anti-Piracy Partnership Program, also complement the international efforts. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Moving from Crisis Management to a Sustainable Solution for Somali Piracy: Selected Initiatives and the Role of International Law
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.