International Community’s Acts to Confronting Modern Piracy

پژوهش نامه ایرانی سیاست بین الملل

Article 8, Volume 7, Issue 2, January 2020, Pages 217-238   

Document Type: مقالات

DOI: 10.22067/jipr.v7i2.74800

Authors

gholamali ghasemi^* ; mohamad setayeshpur

university of qom

Abstract

Abstract
Piracy has damaged Islamic Republic of Iran in a few past decades. The United Nations Security Council as the main entity to maintain international peace and security, several times (including the issuance of two resolutions in November 2016) has reiterated and emphasized on the need for confronting modern piracy. Although being in the framework of recommendation, the resolutions issued by the UNSC contains momentous points including identification of modern piracy as a threat to international peace and security, the need for international cooperation and manifestation of cooperative law, the need for contact group, applying all necessary means and measures and the need to indication of various provision. scrutinizing elements of the evolution in the crime of piracy and current mechanisms of contemporary international law and specifically Iran in light of means has been recommended in Security Council resolutions, it would be said applying current capacities, specially universal jurisdiction is more appropriate than waiting for establishing a special court. Although the council stipulates the establishment of a special court, the works and phrases of this entity, especially in comparing to its previous works indicates a lack of serious determination of it. It should be noted that strengthening Somalia government in exercising authority over sovereignty is the essential way to prevent the said piracy. Implementing these works by regional institutions, including the African union would be more effective.

Keywords

Modern Piracy; international peace and security; Security council; Cooperative Law; Impunity

References

References

Abhyankar, J. (2002). Piracy and maritime violence: a continuing threat to maritime industry, International maritime bureau.

Azari, P., & Shakeri, F. (2015). Role of UN office on drugs and crime in combating piracy, in the proceedings of conference on developments of international law of the sea, twenty years after entry into force of the UNCLOS, Ganj Danesh, 252-265 (in Persian).

Beigzadeh, E. (2008). Evolution in peace keeping operation in UN: New approach, Iranian Yearbook of International and Comparative Law, 3(1), 47-58 (in Persian).

Beigzadeh, E. (2011). Piracy: Old crime, modern manifest, in the collected essays on piracy in international law, IAUNS, 13-42 (in Persian).

Bos, M., & Stracke, N. (2009). Piracy: Motivation and tactics, the case of Somali piracy, Gulf research center.

Carbin, J. W. (2009). Rule of law against terrorism: Pirates hostis humanis generis, Fed. Law, 56(2), 49-68.

Cheshmekhavar, S. (2010). Piracy in perspective of international law: scrutinizing legal consequences UN resolutions on international law, in the collected essays on Piracy in international law, IAUNS, 121-200 (in Persian).

Convention for Safety of Life at Sea (SOLAS) (1974).

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (Rome Convention) (1988).

Convention on the High Seas (1958).

Council Decision (2009). European Union, no. 2009/293/CFSP, Official journal of EU, L 79/47.

Daniels, Ch. L. (2012). Somali piracy and terrorism in the horn of africa, Scarecrow press.

Dempsey, Th. A. (2006). Counterterrorism in African failed states: challenges and potential solutions, Diane Publishing.

Fiske, J. (1897). Old Virginia and her neighbor’s, Houghton Mifflin Company.

Geiss, R., & Petrig, A. (2011). Piracy and armed robbery at sea: the legal framework for counter-piracy operations in Somalia and the Gulf of Aden, Oxford university press.

Gholizadeh, B.; Omidi A., & Poorbafrani, H. (2017). Analyzing the legal doctrine on necessity of equaling modern piracy with terrorism, (with emphasis on piracy off the coast of Somalia) Legal Studies, 2(2), 27-50 (in Persian).

Ghorbanpour, M. (2007). International communities response to piracy off Somalia and gulf of Aden, international law rev., 41(8), 215-242 (in Persian).

Guilfoyle, D. (2013). Modern piracy: legal challenges and responses, Edward Elgar publishing.

Hilaire, M. (2015). Waging peace: the United Nations Security Council and transnational armed conflicts, Logos verlag berlin g. m. b. h.

Hoseinpoor, Kh. (2015). Challenges of piracy in international law and Iran, Islamic Jurisprudence and Legal Basis, 31(1), 119-143 (in Persian).

Kontorovich, E. (2010). A Guantanamo on the sea: the difficulties of prosecuting pirates and terrorists, Northwestern university school of law, Public law and legal theory research paper series.

Mohamadi, M. (2015). Piracy in Somali under international law, the law of nations, 21(2), 225-233 (in Persian).

Momtaz, D. J. (2011). Introductory note in the collected essays on piracy in international law, IAUNS, 7-9 (in Persian).

Najafi Asfad, M., & Jahani, F. (2011). Piracy and international law: reviewing somali facts, in the collected essays on piracy in international law, IAUNS, 73-121 (in Persian).

Palmer, A. (2014). The New pirates: modern global piracy from Somalia to the South China Sea, I. B. Tauris.

Papastavridis, E. (2016). The Practice of shared responsibility in relation to piracy, in A. Nollkaemper & I. Plakokefalos (eds.), The Practice of shared responsibility in international law, Cambridge University Press.

Peppetti, J. D. (2008). Building the global maritime security network: a multinational legal structure to combat transnational threats, Naval Law rev., 73(55), 73-156.

Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation of Fixed Platforms located on the Continental Shelf (2005).

Report Annuale (2011). International Maritime Organization, Msc.4/circ.169.

Soori, M. (2010). Piracy, in the collected essays on Piracy in international law, IAUNS, 57-73 (in Persian).

Taghizadeh, Z. (2012). Evolution in combating piracy in the view of international law, Ganj Danesh (in Persian).

Taghizadeh, Z., & Ziae Bigdeli, M. R. (2014). Impact of piracy on global economic; international law perspective’ in b. Hasibi and a. r. Masoudi (edn.) Trade law in the era of globalization, Shahr Danesh, 389-418 (in Persian).

United Nations Convention on the Law of the Sea (UNCLOS) (1982).

UN General Assembly Res. (2002). A/RES/57/141.

UN Security Council Res. (2008). S/RES/1816.

UNSC Res. (2008). S/RES/1838.

UNSC Res. (2008). S/RES/1846.

UNSC Res. (2008). S/RES/1851.

UNSC Res. (2010). S/RES/1918.

UNSC Res. (2010). S/RES/1950.

UNSC Res. (2011). S/RES/2015

UNSC Res. (2011). S/RES/2020.

UNSC Res. (2016). S/RES/2316.

UNSC Res. (2010). S/2010/394.

UNSC Res. (2011). S/2011/360.

Yearbook (2001). International Law Commission, Draft Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA).

Ziae Bigdeli, M. R. (2015). Evolution in piracy and its impact in international law, in the proceedings of conference on developments of international law of the sea, twenty years after entry into force of the UNCLOS, Ganj Danesh, 230-236 (in Persian).