Maritime piracy: A critical analysis of its development and legal regulation

Abstract

Piracy constitutes a phenomenon that has existed as long as maritime trade and has taken a more outstanding proportion in the last two decades. It is considered a breach to the most fundamental principles of modern civilization. Nations are trying to control this crime individually and collectively but the problem is still persists. Lots of international and national laws and conventions are held in this regard to control it. Despite the vast research that has been done on regulation of piracy, little has been done on how the current laws have failed in meeting the very purpose they were enacted forWhat is even worse, some states that are highly affected by piracy have not done much to domesticate laws that would see the universality principle come to reality since all states are under an obligation to punish piracy notwithstanding who are where the crime took place. This is indicative of the laxity states have had in regard to piracy. Being one of the most hideous crimes in international law, piracy is considered a crime to which criminal responsibility is allocated to the person committing the crime, as distinct from the usual case of allocation of state responsibility under international law This study has discussed the historical development of piracy and reasons why piracy generally occurs. It has also endeavored to bring out the historical development of how laws that are meant to regulate piracy have developed. The study has discussed in detail the provisions of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) on piracy and the shortcomings with the law as it is. There are also challenges that have made cooperation under the UNCLOS piracy regime become difficult in suppressing the vice. The study has formed a basis for further study on what requires to be done in order to reduce or even alleviate the negative effects of piracy and will contribute to future research on similar topics.