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Piracy and Armed Robbery at SeaThe Legal Framework for Counter-Piracy Operations in Somalia and the Gulf of Aden$
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Anna Petrig and Robin Geiß

Print publication date: 2011

Print ISBN-13: 9780199609529

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199609529.001.0001

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(p.221) Conclusion
Piracy and Armed Robbery at Sea

Robin Geiß

Anna Petrig

Oxford University Press

This chapter ties together the loose threads of the discussions and presents some concluding thoughts. It considers the efforts of the Security Council to remedy some of the well-known deficiencies inherent in the United Nations Convention on the Law of the Sea (UNCLOS) rules. It describes the establishment of a threefold legal enforcement regime that depends on whether pirates are pursued on the high seas, within Somalia's territorial waters, or on its mainland. It argues that while the Security Council has considerably expanded the range of enforcement powers, as far as the level of adjudicative jurisdiction is concerned the counter-piracy Security Council Resolutions do not go beyond calling for enhanced cooperation in criminal matters and a solemn invocation of a meshwork of international treaties pertaining to crimes committed at sea. The lesson learned in the fight against international terrorism, should be heeded also when aiming to sustainably repress piracy in the Gulf of Aden, namely that unambiguous rule-of-law adherence is, in the long run, the best way to success in the repression of a criminal phenomenon.

Keywords:   piracy, armed robbery, Security Council Resolutions, United Nations, UNCLOS, Somalia, law enforcement

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