Modern Piracy
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Modern Piracy

Legal Challenges and Responses

9781849804844 Edward Elgar Publishing
Edited by Douglas Guilfoyle, UNSW Canberra, Australia
Publication Date: 2013 ISBN: 978 1 84980 484 4 Extent: 368 pp
Modern Piracy is the first book to survey the law of maritime piracy from both public law and commercial law perspectives, as well as providing a contextual overview of piracy in major hotspots. Topics covered include issues of international law, law-enforcement cooperation, private armed security, ransoms, insurance and carriage of goods by sea. It provides a comprehensive introduction to the range of legal issues presented by the modern piracy menace and will be of interest to scholars and practitioners alike.

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Critical Acclaim
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Modern Piracy is the first book to survey the law of maritime piracy from both public law and commercial law perspectives, as well as providing a contextual overview of piracy in major hotspots.

Topics covered include issues of international law, law-enforcement cooperation, private armed security, ransoms, insurance and carriage of goods by sea. It provides a comprehensive introduction to the range of legal issues presented by the modern piracy menace and will be of interest to scholars and practitioners alike.

Benefiting from a wide range of international expertise, this book will be of interest to public international law academics, government legal counsel, maritime commercial law practitioners, international relations academics as well as anyone interested in transnational organised crime.
Critical Acclaim
‘A number of books dealing with piracy have been published in recent years. This book stands out by the breadth of its coverage, which, unusually and much to be welcomed, includes detailed consideration of both public and private law. The book is also notable for the quality and range of expertise of its contributors, who are not only leading experts in the field but a mixture of academic and practising lawyers.’
– Robin Churchill, The University of Dundee, UK

‘Piracy once again is posing serious threats to international trade, navigation and, of course, to the safety of seafarers. This collection of outstanding essays by outstanding scholars and practitioners examines the background to the re-emergence of piracy in South Asia, East and West Africa and explores the complex legal and practical challenges which crafting effective responses has presented. It is, quite simply, essential reading for anyone who is seriously interested in understanding and responding to one of the most pressing problems of our time.’
– Malcolm Evans, University of Bristol, UK
Contributors
Contributors: R. Beckman, C. Bueger, H. Friman, D. Guilfoyle, J. Kraska, J. Lindborg, P. MacDonald Eggers QC, K. Michel, A. Murdoch, M.N. Murphy, T. Treves, B. Wilson
Contents
Contents:

Preface

1. Introduction: Piracy, Law and Lawyers
Douglas Guilfoyle

PART I: CONTEXT
2. Piracy and Armed Robbery Against Ships in Southeast Asia
Robert Beckman

3. Piracy off Somalia and Counter-piracy Efforts
Douglas Guilfoyle

4. Petro-Piracy: Predation and Counter-Predation in Nigerian Waters
Martin N. Murphy

5. Responses to Contemporary Piracy: Disentangling the Organizational Field
Christian Bueger

PART II: PIRACY AND PUBLIC LAW
6. Piracy and the International Law of the Sea
Tullio Treves

7. Capture and Disruption Operations: The Use of Force in Counter-Piracy off Somalia
Andrew Murdoch and Douglas Guilfoyle

8. Initiating Criminal Proceedings with Military Force: Some Legal Aspects of Policing Somali Pirates by Navies
Håkan Friman and Jens Lindborg

9. Reshaping Maritime Security Cooperation: The Importance of Interagency Coordination at the National Level
Brian Wilson

PART III: PIRACY AND PRIVATE LAW
10. International and Comparative Regulation of Private Maritime Security Companies Employed in Counter-piracy
James Kraska

11. What is a Pirate? A Common Law Answer to an Age-old Question
Peter MacDonald Eggers QC

12. Insurance Protection Against Piracy
Peter MacDonald Eggers QC

13. Piracy and Carriage of Goods by Sea
Keith Michel

PART IV: CONCLUSIONS
14. Policy Tensions and the Legal Regime Governing Piracy
Douglas Guilfoyle

Index
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