Addressing maritime piracy : legal developments to fight this threat under the Maltese legal system

Abstract

International shipping is a growing industry and major contributor to the economy. Unfortunately, this industry is also susceptible to various maritime security threats. The political and economical, situations on particular States have resulted in an increasing number of pirate attacks in certain regions of the world. The significant rise in acts of piracy in the Gulf of Guinea and off the Horn of Africa since 2008 has placed this threat at the forefront of international attention. Concerns raised by the international community have exposed significant gaps in the international and domestic law frameworks to fight this crime. The purpose of the term paper is to examine the crime of piracy under international law and developments to fight piracy under the Maltese legal system. The study begins with a brief introduction defining piracy as a crime under international law, and makes reference to different piracy hot spots. An analysis of the historical development of the law of piracy was necessary to understand the complexity of the crime, and its evolvement from the classical phenomenon to the contemporary international threat. The term paper focuses on the definition of piracy under article 101 of 1982 United Nations Convention on the Law of the Sea. An analysis of the constitutive elements of the definition allows for a clear understanding of challenges encountered in combating this threat. The first part of the term paper also examined the counter-piracy regime under the Convention, with special reference to cooperation and jurisdiction to fight this crime. The second part of the paper focuses on the legal development of piracy provisions under Maltese Criminal Code. The research also covers the procedural challenges encountered by national courts when prosecuting the suspected pirates.