the law and practice of piracy at sea european and international perspectives

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The Law And Practice Of Piracy At Sea

Author : Panos Koutrakos
ISBN : 9781782252696
Genre : Law
File Size : 34. 67 MB
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This collection of essays provides a comprehensive assessment of the legal and policy approaches to maritime counter-piracy adopted by the EU and other international actors over the last few years. As the financial cost of Somali piracy for the maritime industry and the world economy as a whole was estimated to have reached $18 billion by 2010, the phenomenon of piracy at sea has steadily grown in significance and has recently attracted the attention of international policy makers. Moreover, piracy is intrinsically linked to state failure and other pathologies bred by it, such as organised crime and terrorism. This book adopts a holistic approach to the topic, examining approaches to piracy as these emerge in different geographical areas, as well as tackling the central issues which counter-piracy raises in terms of the most topical aspects of international law (international humanitarian law and armed conflict, piracy and terrorism, use of force). It also focuses on the approach of the EU, placing counter-piracy in its broader legal context. Providing a detailed doctrinal exploration of the issues which counter-piracy raises, it emphasises and draws upon the insights of the practice of counter-piracy by bringing together academic lawyers and the legal advisers of the main actors in the area (EU, US, NATO, UK). The book raises fundamental questions about the law and practice of international law: are the rules of the international law of the sea on piracy still relevant? To what extent has the shared interest of international actors in tackling piracy given rise to common practices? Do the interactions among the actors examined in the book suggest fragmentation or unity of the international legal order? Is it premature to view these interactions as signalling the gradual emergence of global law in the area? This common analytical frame of reference is underlined by the concluding part, which draws these threads together. The book will be of interest to legal scholars, political scientists and international relations theorists, as well as decision-makers and students of law, politics and international relations.

The International Responsibility Of The European Union

Author : Malcolm Evans
ISBN : 9781782251026
Genre : Law
File Size : 68. 53 MB
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How is the international responsibility of the European Union determined? In the context of the multilayered and ever evolving Union legal order, the Lisbon Treaty has introduced considerable changes to the Union's participation in international affairs. These have rendered this thorny question an even more pressing concern not only for the European Union and its Member States but also for third countries and international organisations. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in May 2011, this volume brings together EU and international law experts to address the various questions raised by the Union's international responsibility. It discusses horizontal issues, such as the concept of responsibility of international organisations in the evolving international legal order and the different techniques available for determining responsibility. It also focuses on specific policy areas (trade, investment, environment, security and defence, human rights) by approaching them from both an EU and international law perspective.

Routledge Handbook Of Naval Strategy And Security

Author : Joachim Krause
ISBN : 9781317555391
Genre : History
File Size : 48. 57 MB
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This new handbook provides a comprehensive overview of the issues facing naval strategy and security in the twenty-first century. Featuring contributions from some of the world’s premier researchers and practitioners in the field of naval strategy and security, this handbook covers naval security issues in diverse regions of the world, from the Indian Ocean and the Mediterranean to the Arctic and the piracy-prone waters off East Africa’s coast. It outlines major policy challenges arising from competing claims, transnational organized crime and maritime terrorism, and details national and alliance reactions to these problems. While this volume provides detailed analyses on operational, judicial, and legislative consequences that contemporary maritime security threats pose, it also places a specific emphasis on naval strategy. With a public very much focused on the softer constabulary roles naval forces play (such as humanitarian assistance, disaster relief, naval diplomacy, maintenance of good order at sea), the overarching hard-power role of navies has been pushed into the background. In fact, navies and seapower have been notably absent from many recent academic discussions and deliberations of maritime security. This handbook provides a much-desired addition to the literature for researchers and analysts in the social sciences on the relationship between security policy and military means on, under, and from the sea. It comprehensively explains the state of naval security in this maritime century and the role of naval forces in it. This book will be of much interest to students of naval security and naval strategy, security studies and IR, as well as practitioners in the field.

Offshore Oil And Gas Installations Security

Author : Mikhail Kashubsky
ISBN : 9781317746140
Genre : Law
File Size : 48. 58 MB
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Oil and natural gas, which today account for over 60% of the world’s energy supply, are often produced by offshore platforms. One third of all oil and gas comes from the offshore sector. However, offshore oil and gas installations are generally considered intrinsically vulnerable to deliberate attacks. The changing security landscape and concerns about the threats of terrorism and piracy to offshore oil and gas installations are major issues for energy companies and governments worldwide. But, how common are attacks on offshore oil and gas installations? Who attacks offshore installations? Why are they attacked? How are they attacked? How is their security regulated at the international level? How has the oil industry responded? This timely and first of its kind publication answers these questions and examines the protection and security of offshore oil and gas installations from a global, industry-wide and company-level perspective. Looking at attacks on offshore installations that occurred throughout history of the offshore petroleum industry, it examines the different types of security threats facing offshore installations, the factors that make offshore installations attractive targets, the nature of attacks and the potentially devastating impacts that can result from attacks on these important facilities. It then examines the international legal framework, state practice and international oil and gas industry responses that aim to address this vital problem. Crucially, the book includes a comprehensive dataset of attacks and security incidents involving offshore oil and gas installations entitled the Offshore Installations Attack Dataset (OIAD). This is an indispensable reference work for oil and gas industry professionals, company security officers, policy makers, maritime lawyers and academics worldwide.

Eu International Relations Law

Author : Panos Koutrakos
ISBN : 9781782258957
Genre : Law
File Size : 81. 81 MB
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This new edition provides a definitive, comprehensive and systematic analysis of the law governing the EU's action in the world. Updated to take into account the Lisbon Treaty and recent case law, the book covers all constitutional aspects of the EU's international action and the procedures for treaty-making. It analyses the relationship between the EU and its Members with emphasis on mixed agreements, and the status of international law in the EU legal order. It explores the links between the EU and international organisations (such as the WTO) and examines the EU's external economic and political relations and its various links with third countries, including its neighbours. It analyses, amongst others, the Common Commercial Policy, sanctions, the Common Foreign and Security Policy, and the Common Security and Defence Policy. This new edition is the most up-to-date work of its kind, examining both the law and practice in a wide range of external policies, placing the law in its political and economic context and exploring the links between the EU's external and internal actions.

Somali Piracy

Author : Jade Lindley
ISBN : 9781134806843
Genre : Law
File Size : 53. 16 MB
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Maritime piracy off the coast of Somalia was first recognised as a global concern in 2008 after the hijackings of World Food Programme vessels. It remains a serious impediment to international maritime trade and a significant risk to seafarers. Bringing a criminological perspective to the subject, this book presents an analysis of Somali piracy by means of Routine Activity Theory and regulatory pluralism. Based on data from a range of sources, including published documents and in-depth interviews with representatives of industry, government, and international organisations, the study concludes that no one institution or policy will suffice to control Somali piracy. Accordingly, a number of different actors and institutions have a role to play in reducing the supply of motivated offenders, the vulnerability of prospective victims, and in enhancing guardianship. The book envisages a holistic counter-piracy program based on a pluralistic regulatory model that is sustainable within the region, and managed by the region, providing the best opportunity for both the immediate future, and for long-term success. This study will be essential reading for criminologists, public policy and legal scholars, as well as policy makers and regulators in countries affected by and dealing with piracy, and international professional advocacy groups operating in the maritime space.

Piracy In Comparative Perspective

Author : Charles Norchi
ISBN : 1849464421
Genre : Law
File Size : 81. 72 MB
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This new work presents a comprehensive approach to an age old disruption of the order of the oceans that was known to ancient Greece, Persia, the first Indian Empire, the Han Dynasty of China and the early European maritime powers. Many of the norms proscribing piratical acts that are codified in contemporary international law are vestiges of those earlier periods. Yet contemporary maritime piracy is more complex and intense. The International Maritime Bureau of the International Chamber of Commerce reported 439 reports of actual piracy attacks in 2011, most Somali based, and a higher number of attempts. This book presents perspectives on the problem by contributors from four continents, diverse legal cultures, and multiple disciplines. This volume appraises piracy from the comparative perspectives of those disciplines and from the standpoint of key participants in the social processes that are plagued by piracy-mariners, navies, ship owners and operators, policy makers and lawyers. Decision-making and operational measures cannot be separated from piracy's origins and continuing social impact. Thus the contributors bring clarity to the problem through the lenses of history, development, law, maritime security, fisheries, economics and ocean commerce. Maritime piracy initiatives are generating a great number of operational and institutional counter-measures and the diversity of stakeholder interests often complicates proposed solutions. Against that backdrop the contributors examine strategies - the range of available modalities to address and correct the problem - through the lenses of naval power, port state control, penal systems and development. And they appraise law - both national and international authoritative decision-making - viewing state practice, international regulations, tribunal judgments, custom and international conventions from the comparative perspectives of Africa, India, England, France and the United States.Piracy in Comparative Perspective is a collaboration of the Centre for Maritime and Oceanic Law (CDMO) of the University of Nantes (France) and the Center for Oceans and Coastal Law of the University of Maine School of Law (United States), prepared under the direction of Professor Charles H. NORCHI and Dr. Gwenaële PROUTIERE-MAULION.

The Eu Common Security And Defence Policy

Author : Panos Koutrakos
ISBN : 9780191655906
Genre : Political Science
File Size : 67. 3 MB
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Presenting the first analytical overview of the legal foundations of the EU's Common Security and Defence Policy (CSDP), this book provides a detailed examination of the law and practice of the EU's security policy. The European Union's security and defence policy has long been the focus of political scientists and international relations experts. However, it has more recently become of increasing relevance to lawyers too. Since the early 2000s, the EU has carried out more than two dozen security and defence missions in Europe, Africa, and Asia. The EU institutions are keen to stress the security dimension of other external policies also, such as development cooperation, and the Lisbon Treaty introduces a more detailed set of rules and procedures which govern the CSDP. This book provides a legal analysis of the Union's CSDP by examining the nexus of its substantive, institutional, and economic dimensions. Taking as its starting point the historical development of security and defence in the context of European integration, it outlines the legal framework created by the rules and procedures introduced by the Treaty of Lisbon. It examines the military operations and civilian missions undertaken by the Union, and looks at the policy context within which they are carried out. It analyses the international agreements concluded in this field and explores the links between the CSDP and other external policies of the Union.

International Law In The Era Of Climate Change

Author : Rosemary Gail Rayfuse
ISBN : 9781781006085
Genre : Law
File Size : 63. 3 MB
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'UN Secretary-General Ban Ki-moon has called Climate Change "the defining issue of our era". It presents international law and lawyers with a wide range of novel issues, practical as well as conceptual. These challenges are addressed in this volume with great authority by many of the leading international law scholars of our generation. It is an important and distinctive contribution to the burgeoning literature on an issue critical for the future of our planet.' – David Freestone, George Washington University, US Climate change will fundamentally affect every area of human endeavour, including the development of international law. This book maps the current and potential impacts of climate change on the norms, principles, rules and processes of international law. This timely study brings together a group of leading scholars in their respective fields of international law to examine the impacts of climate change, and our responses to it, on the whole spectrum of international legal regimes, including those dealing with everything from climate displacement, human rights, and international trade and investment, to the oceans, the environment, armed conflicts and the use of force, and outer-space. the volume also examines the impacts of climate change on the underlying principles and processes of international law including those relating to the making and enforcement of international law and to third party dispute resolution. the book shows that there is much more to dealing with climate change than negotiating one global climate change-specific regime. Other areas of international law can, and must, be included in the solution. In this way international law can maximise its coherence and its efficacy. This well-documented study will appeal to international lawyers, academics, policy makers, government employees, negotiators, practitioners, international legal theorists and anyone interested in climate change and how to maximise our international legal and policy responses to it.

Mixed Agreements Revisited

Author : Christophe Hillion
ISBN : 9781847315809
Genre : Law
File Size : 26. 85 MB
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Mixed agreements are one of the most significant and complex areas of EU external relations law. They are concluded by the Member States and the EU (or the European Community in the pre-Lisbon days) with third countries and international organisations. Their negotiation, conclusion and implementation raise important legal and practical questions (about competence, authority, jurisdiction, responsibility) and often puzzle not only experts in countries and organisations with which the EU works but also European experts and students. This book, based on papers presented at a conference organised by the Universities of Leiden and Bristol in May 2008 provides, a comprehensive and up-to-date analysis of the legal and practical problems raised by mixed agreements. In doing so, it brings together the leading international scholars in the area of EU external relations, including two Judges at the European Court of Justice and a Judge at the EFTA Court, along with legal advisors from EU institutions, Member States, and third countries. The book will be of interest to European and international law academics and students, officials in EU institutions, practitioners of EU and international law, political scientists and international relations scholars, and students of European law, politics, and international affairs.

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