The rising use of private armed guards on merchant vessels in high risk areas and the need for universal regulation

Abstract

This dissertation deals with the issues surrounding the use of private armed guards on board merchant vessels in high risk areas. The need for private armed guards has come about due a dramatic increase in piratical attacks in certain parts of the world. These attacks not only jeopardize the safety of seafarers, but also the security of navigation and commerce. There are a number of controversial issues surrounding the use of private armed guards and private maritime security companies, which at times sheds a negative light on this particular security industry. These issues are of concern to the international community as they may lead to grave incidents leading to loss of life at sea. These problems have surfaced due to the current lack of universal regulations regarding the activities of private armed guards which in this author’s opinion may lead to serious implications on ocean governance. One possible way to tackle these issues is to set up a set of universal regulations that all flag States that allow the use of private armed guards on board their registered vessels, may adopt. The premise of this work is to investigate the problems surrounding the use of private armed guards on board merchant vessels, address them and suggest a set of guidelines which would provide the basis for States to take any future action to achieve said universal regulation. If universal regulation is achieved, the use of private armed guards would be a more effective tool in combating piracy thus ensuring more effective ocean governance.