Prosecution of maritime pirates : the national court is dead—long live the national court

Piracy is one of the main maritime security concerns in the contemporary world. The number of piracy incidents is increasing rapidly, which is highly problematic for maritime security. Although international law provides universal jurisdiction for the prosecution of maritime pirates, the actual number of prosecutions is alarmingly low compared to the number of incidents of piracy. Despite many states becoming parties to the relevant international conventions, they are reluctant to establish the necessary legal and institutional frameworks at the national level for the prosecution of pirates. The growing incidences of piracy and the consequential problems associated with prosecuting pirates have created doubts about the adequacy of the current international legal system, which is fully dependent on national courts for the prosecution of pirates. This article examines the possible ways for ensuring the effective prosecution of pirates. Contrary to the different proposals forwarded by researchers in the wake of Somali piracy for the establishment of international judicial institutions for the prosecution of pirates, this article argues that the operationalization of national courts through the proper implementation of relevant international legal instruments within domestic legal systems is the most viable solution. However, this article submits that the operationalization of national courts will not be very successful following the altruistic model of universal adjudicative jurisdiction. A state may enact legislation implementing universal jurisdiction but will not be very interested in prosecuting a pirate in its national court if it has no relation with the piratical incident. Rather, it will be successful if the global community seriously implement the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA Convention), which obligates the states that have some connection with a piratical incident to prosecute pirates in their national courts.

Prosecution of maritime terrorists : the role of national courts in ensuring accountability

Maritime security has emerged as a critical legal and political issue in the contemporary world. Terrorism in the maritime domain is a major maritime security issue. Ten out of the 44 major terrorist groups of the world, as identified in the US Department of State’s Country Reports on Terrorism, have maritime terrorism capabilities. Prosecution of maritime terrorists is a politically and legally difficult issue, which may create conflicts of jurisdiction. Prosecution of alleged maritime terrorists is carried out by national courts. There is no international judicial institution for the prosecution of maritime terrorists. International law has therefore anticipated a vital role for national courts in this respect. The international legal framework for combating maritime terrorism has been elaborately examined in existing literature therefore this paper will only highlight the issues regarding the prosecution of maritime terrorists. This paper argues that despite having comprehensive intentional legal framework for the prosecution of maritime terrorists there is still some scopes for conflicts of jurisdiction particularly where two or more States are interested to prosecute the same offender. This existing legal problem has been further aggravated in the post September 11 era. Due to the political and security implications, States may show reluctance in ensuring the international law safeguards of alleged perpetrators in the arrest, detention and prosecution process. Nevertheless, international law has established a comprehensive system for the prosecution of maritime terrorists where national courts is the main forum of ensuring the international law safeguards of alleged perpetrators as well as ensuring the effective prosecution of maritime terrorists thereby playing an instrumental role in establishing a rule based system for combating maritime terrorism. Using two case studies, this paper shows that the role of national courts has become more important in the present era because there may be some situations where no State is interested to initiate proceedings in international forums for vindicating rights of an alleged offender even if there is a clear evidence of violation of international human rights law in the arrest, detention and prosecution process. This paper presents that despite some bottlenecks national courts are actively playing this critical role. Overall, this paper highlights the instrumental role of national courts in the international legal order.

Nonmarket Capabilities and the Prosecution of Trade Remedy Cases in the United States

The study investigates the prosecution of US trade remedy cases as examples of administrative government agency investigations and seeks to identify key capabilities for effective corporate political strategy targeting these institutions. Trade remedy cases are important policy tools, designed to protect domestic firms from ‘unfair’ import competition. The research contributes to the growing literature on corporate political activity and its links with superior outcomes in the marketplace. Three capabilities are identified: the capability to collect market/non-market intelligence, the capability to build and shape the administrative record, and the capability to align business practice with the US trade remedy institutions.

Bergsmo, Morten (ed.). Thematic prosecution of international sex crimes. Beijing: Torkel Opsahl Academic Epublisher; 2012, 452 p.

Reseña del libro

The Barefoot book of pirates.

Siete cuentos de todo el mundo conforman esta colección de narraciones de piratas. Algunas de las historias de esta antología se basan en aventuras de piratas reales, algunos feroces y temibles como el capitán alemán de la historia Kobold y los piratas. Relata tradiciones de diversas culturas, desde Japón a Marruecos a Persia, si bien predominan los de Europa. Especialmente compilados para primeros lectores, han sido escogidos a fin de combinar una rica variedad de argumentos con vocabulario variado.

Second war powers act, 1942. : Hearings on S. 2208, an act to further expedite the prosecution of the war. January 30 and February 2, 1942. Serial no. 10.

Mode of access: Internet.

Nazi conspiracy and aggression, opinion and judgment. Office of United States Chief of Counsel for Prosecution of axis criminality.

Seals of Dept. of State, War Dept., and International Military Tribunal, on t.p.

Federal prosecution of election offenses /

Item 717

What America did; a record of achievement in the prosecution of the war,

Mode of access: Internet.

Address and report of a select committee of the Baltimore and Ohio Rail Road Company: also, a letter from the president, recommending measures for the immediate prosecution of the road to the Ohio River.

Mode of access: Internet.

The Archaeological journal : published under the Council of the Royal archaeological institute of Great Britain and Ireland, for the encouragement and prosecution of researches into the arts and monuments of the early and middle ages.

Vols. 1-83, 1844-1926 called no. [1]-332; vols. 51-86, 1894-1929, called also 2nd ser., v. 1-36.

Oversight of IRS and Justice Department prosecution of several tax cases : hearings before the Subcommittee on Oversight of the Internal Revenue Service of the Committee on Finance, United States Senate, Ninety-ninth Congress, second session.

Item 1038-A, 1038-B (microfiche).