Piracy in World History

In a modern global historical context, scholars have often regarded piracy as an essentially European concept which was inappropriately applied by the expanding European powers to the rest of the world, mainly for the purpose of furthering colonial forms of domination in the economic, political, military, legal and cultural spheres. By contrast, this edited volume highlights the relevance of both European and non-European understandings of piracy to the development of global maritime security and freedom of navigation. It explores the significance of 'legal posturing' on the part of those accused of piracy, as well as the existence of non-European laws and regulations regarding piracy and related forms of maritime violence in the early modern era. The authors in this volume highlight cases from various parts of the early-modern world, thereby explaining piracy as a global phenomenon.

Jurisdiction over Unlicensed Foreign Fishing Vessels in Transit through the EEZ

This Chapter examines the permissible scope and extent of coastal State jurisdiction over unlicensed foreign fishing vessels in transit through the exclusive economic zone (EEZ) under the 1982 United Nations Convention on the Law of the Sea. While the primacy of the freedom of navigation has traditionally been the dominant narrative in the law of the sea, this Chapter argues that the coastal State’s sovereign rights over living resources are now accepted to provide a basis for regulations to be applied to all foreign fishing vessels navigating in the EEZ, even if they are only transiting through the zone without fishing. By examining the variety of regulations that are applied by States in practice, the Chapter establishes that, in relation to foreign fishing vessels and fishing support vessels, the contemporary freedom of navigation effectively equates to a right to undertake continuous and expeditious passage from one point beyond the EEZ to another point beyond the EEZ, except in circumstances involving force majeure or distress, or activities undertaken with the authorization of the coastal State. At the same time, the Chapter notes that the rights of coastal States involve correlative duties, and explores how the concepts of due regard, reasonableness, and the balance of interests apply to limit the extent of coastal State regulation in this area.

Piracy in World History

In a modern global historical context, scholars have often regarded piracy as an essentially European concept which was inappropriately applied by the expanding European powers to the rest of the world, mainly for the purpose of furthering colonial forms of domination in the economic, political, military, legal and cultural spheres. By contrast, this edited volume highlights the relevance of both European and non-European understandings of piracy to the development of global maritime security and freedom of navigation. It explores the significance of ‘legal posturing’ on the part of those accused of piracy, as well as the existence of non-European laws and regulations regarding piracy and related forms of maritime violence in the early modern era. The authors in this volume highlight cases from various parts of the early-modern world, thereby explaining piracy as a global phenomenon.

Peran Tentara Nasional Indonesia Angkatan Laut Dalam Perwujudan Good Order At Sea: Studi Kasus Alur Laut Kepulauan Indonesia II

The Archipelagic Status of Indonesia given under UNCLOS 1982 has both rights and responsibilities. one of those responsibilities is Indonesia has to provide sea lanes for freedom of navigation in the form of Indonesia Archipelagic Sea Lanes (ALKI). In recent developments, Indonesia as Coastal State also has a responsibility to maintain good order at sea, especially along Its ALKI. This paper examined how the Indonesian Navy, especially the Second Fleet Command, plays its role in maintaining maritime security di ALKI II. The result shows that the Indonesian Navy has sufficient legal basis to perform good order at sea. Besides that, the Second Fleet Command also has proved its commitment to pursue good order ats sea with comprehensive, systematic and routine actions along ALKI II.

The Interpretation and Application of the Freedom of Navigation and Flag State Jurisdiction in the M/V “Norstar” and the M/T “San Padre Pio” Cases

The M/V “Norstar” and the M/T “San Padre Pio” cases raise important questions regarding the interpretation and application of the freedom of navigation and the principle of exclusive flag State jurisdiction, namely if the latter prohibits the exercise of prescriptive jurisdiction on the high seas by non-flag States. One of the exceptional aspects of the M/V “Norstar” case is the Joint Dissenting Opinion (JDO) by seven judges underlining a distinctive view regarding the interpretation of the freedom of navigation and the principle of exclusive flag State jurisdiction. Subsequent to the M/V “Norstar” case, the M/T “San Padre Pio” case was submitted and bares relevance for the clarification on some of the key matters addressed in the Judgment and the JDO in the M/V “Norstar” case. This article highlights the different views of the Judgment and the JDO and examines the relation with the M/T “San Padre Pio” case.

China-US maritime conflict would do global damage

Significance This is misleading. The real danger arises from China’s intent to supplant the US Navy’s regional dominance and to saturate the region with a Chinese presence in support of Beijing’s territorial claims, and Washington’s resistance to this. Peaceful transit of seaborne trade depends on strategic restraint by both sides and the avoidance of unmanaged escalation. Impacts US freedom of navigation operations are the most likely flashpoint. The United States would probably not need to block the Strait of Malacca; it has more effective ways to blockade Chinese shipping. A conflict resulting in US victory would probably require a permanently elevated US naval presence in the region.