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1 |
ID:
114836
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Publication |
2012.
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Summary/Abstract |
Somalia and Southeast Asia have, at different times, been considered "hotspots" for piracy and armed robbery against ships. Some scholars have argued that comparisons between the two regions are pointless due to the different geopolitical factors that affect the respective regions and vastly different tactics used by Somali pirates and Southeast Asian pirates. Further, the differences in geopolitical considerations and tactics have meant that the legal measures used to respond to attacks in these regions have also greatly differed. The purpose of this article is to critically examine and evaluate the legal measures taken to facilitate the arrest, prosecution and punishment of pirates in Somalia and Southeast Asia. It concludes that while the legal measures employed by the relevant stakeholders differ in each region, valuable lessons can be learned on how States, regional organizations and international organizations can strengthen legal frameworks for the effective arrest and prosecution of perpetrators of piracy and armed robbery.
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2 |
ID:
130253
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3 |
ID:
116549
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Publication |
2012.
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Summary/Abstract |
In recent years, the UN Security Council and General Assembly resolutions on piracy repeatedly reiterated the use of universal jurisdiction to combat piracy. This article expounds the conceptual and application limitations of universal jurisdiction over piracy, and, from the three dimensions of universal jurisdiction (prescription, enforcement and adjudication), examines the relevant practice in East Asia. The author finds that universal jurisdiction is an indispensable tool in deterring, preventing and responding to pirate attacks, and that the implementation of universal jurisdiction in East Asia should be strengthened in the future by, among others, reforming domestic law to criminalize piracy and establish universal jurisdiction and by enhancing co-operation in prosecuting pirates, as well as by further advancing comprehensive and in-depth co-operation in law enforcement.
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