Panos Koutrakos - The Law and Practice of Piracy at Sea: European and International Perspectives

THE LAW AND PRACTICE OF PIRACY AT SEA

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.

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ISBN: 978-1-84946-412-3
ePUB ISBN: 978-1-78225-270-2

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Most of the chapters of this book are based on papers presented at a workshop which took place at the University of Bristol on 12-13 July 2012. The organisation of this workshop was possible due to the funding provided by the European Commission under the Jean Monnet Chair in European Law held, until 2012, by Panos Koutrakos.

We are grateful to Niall Coghlan for his editorial assistance.

Contents

Panos Koutrakos and Achilles Skordas

Robin Churchill

Douglas Guilfoyle

Alexander Proelss

Thilo Marauhn

Ricardo Gosalbo-Bono and Sonja Boelaert

Daniel Thym

Peter M Olson

Gabriel Swiney

Andrew Murdoch

Doris Knig and Tim Ren Salomon

Edwin Egede

David M Ong

Achilles Skordas

Jan Klabbers

Malcolm D Evans and Sofia Galani

SONJA BOELAERT is Legal Adviser at the Legal Service of the Council of the European Union.

ROBIN CHURCHILL is Professor of International Law at the University of Dundee.

RICARDO GOSALBO-BONO is Director at the Legal Service of the Council of the European Union and Part-time Professor of Law, PILC, Free University Brussels (VUB).

EDWIN EGEDE is Senior Lecturer in International Law and International Relations at the Department of Politics, Cardiff University.

MALCOLM EVANS OBE is Professor of Public International Law at the University of Bristol.

SOFIA GALANI is a PhD candidate at the University of Bristol.

DOUGLAS GUILFOYLE is Reader in International Law at University College London.

JAN KLABBERS is Academy Professor (Martti Ahtisaari Chair) and Professor of International Law at the University of Helsinki.

DORIS KNIG is Claussen Simon Professor of International Law at, and the President of, the Bucerius Law School, Hamburg.

PANOS KOUTRAKOS is Professor of European Union Law at City University London.

THILO MARAUHN is Professor of Public, International and European law at Justus Liebig University, Giessen.

ANDREW MURDOCH is Legal Adviser at the Foreign and Commonwealth Office, London.

PETER M OLSON is Director of Legal Services and Legal Adviser at NATO Headquarters, Brussels. He is the principal legal adviser to Secretary General Anders Fogh Rasmussen, and the Organizations senior legal officer.

DAVID M ONG is Professor of International and Environmental Law at Nottingham Law School, Nottingham Trent University.

ALEXANDER PROELSS is Professor of Public International Law and European Law at the University of Trier.

TIM REN SALOMON is an Associate at the IMPRS for Maritime Affairs at the International Max Planck Research School for Maritime Affairs and worked as a research fellow for the Claussen Simon Chair of International Law.

ACHILLES SKORDAS is Professor of International Law at the University of Bristol.

GABRIEL SWINEY is an Attorney Adviser at the US Department of State.

DANIEL THYM is Professor of Public, European and International Law at the University of Konstanz.

BELGIUM

Castle John and Nederlandse Stichting Sirius v NV Mabeco and NV Parfin,
Belgian Court of Cassation, (1986) 77 International Law Reports 537

COMMITTEE AGAINST TORTURE

PK et al v Spain, Decision of 21 November 2008

COURT OF JUSTICE OF THE EUROPEAN UNION (FORMERLY COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES)

Alphabetical

Air Transport Association of America and Others v Secretary of State for Energy and
Climate Change (Case C366/10), Judgment of 21 December 2011, nyr

Akerberg Fransson (Case C617/10) [2013] ECR I0000

Anklagemindigheden v Poulsen and Diva Navigation (Case C286/90) [1992] ECR I6019

Cartagena Protocol (Opinion 2/00) [2001] ECR I9713