Terrorism and piracy: A legal view

Abstract

Terrorist attacks on persons or property on the high seas or in the newly designated “exclusive economic zones” bear analogy closer to the traditional international law of “piracy” than most observers suspect. In traditional practice “private ends” in the usual sense was not an essential element of the offense; the label and its legal results were attached to unrecognized belligerents too. The latest codifications of the international law relating to piracy, principally those deriving from the 1958 Geneva Convention on the High Seas, are patently defective. A new formulation is proposed, with a commentary that, among other things, points out how international criminal law and universal jurisdiction can be coordinated with the generally accepted international law of armed conflict to clarify what is currently a chaotic legal situation.     

The Forgotten Pirates: Iraqi and Iranian Pirates in the Arabian Gulf Who Have Never Been Reported to the International Maritime Bureau

If piracy attacks are unreported, a misleading impression is given of piracy situations in regions where there could be serious consequences for ships traveling in waterways on the assumption that they are piracy-free waters. However, sometimes not reporting piracy attacks could help to contain piracy before it expands, because reporting can lead to the media over-focusing on piratical incidents, and armed guards being deployed on ships, which causes pirates to use heavier arms and escalates the level of conflict. Piracy that took place during 2003–2012 in the north and the center of the Arabian Gulf has never been reported to the International Maritime Bureau. The present article examines this case of unreporting, and discusses its causes and consequences.     

Hedonists and husbands: piracy narratives,gender demands,and local political economic realities in Somalia

The grand narrative of piracy has been instrumental in shaping how piracy off the coast of Somalia is understood and responded to. Self-proclaimed pirates, suspected pirates, and convicted piracy prisoners continue to tell the story of taking up arms against foreign illegal fishers to protect their personal livelihoods as well as Somalia’s natural resources. Although the grand narrative remains the most popular piracy narrative, this paper introduces and examines two newly emergent narratives of Somali piracy – the Somali women’s narrative and the piracy prisoner self-narrative. I explore how these narratives reveal a central paradox surrounding piracy and social reproduction in Somalia that, until now, has been absent from discussions about piracy narratives and the issue of Somali piracy. Whereas the grand narrative of piracy fails to address gender demands and local political economic realities in Somalia, the new narratives present piracy as a gendered experienced that is situated within the broader, evolving context of courtship and marriage in Somalia. I argue the new narratives can help push beyond over-simplistic understandings of piracy off the coast of Somalia as a ‘man’s crime’ that should be addressed by men.     

索马里海盗的"恐怖主义化"及对策

随着亚丁湾局势呈现出很大的不确定性,索马里海盗的“恐怖主义化”有发展成为区域性安全核心问题的趋势,严重干扰着国际海上运输秩序的稳定与各国的海上安全利益,并有加剧中东地区局势动荡的可能。如何应对索马里海盗带来的安全挑战,考验着国际社会的智慧。     

Ethiopian federalism: autonomy versus control in the Somali region

This study examines the relationship between Ethiopia's federal and regional authorities since the Tigray led regime came to power in 1991. The redivision of Ethiopia into ethnic regions was aimed to effect two changes: to abolish certain ethnic domination of the state; and to enable various communities to govern their local affairs. Using material from the Somali Region, this article evaluates whether ethnic‐based regional authorities have sufficient autonomy from the centre to be accountable to local populations. The ability of local people to elect their leaders is central to undoing past ethnic injustices. Although communities have gained from the new order, however, the federal ruling party tightly controls regional political authorities. Federal domination of regional governance is partly the result of the ineptness of local elite. This arrangement creates formal ethnic regions without significantly altering power relations in Ethiopia. Consequently, the spirit of the 1991 change is lost as local communities lack leeway while a new ethnic group reigns supreme at the federal level.     

Countering piracy through private security in the Horn of Africa: prospects and pitfalls

Employing secondary research and semi-structured interviews, this article examines the use of private maritime security companies (PMSC) in providing maritime security services in the Horn of Africa. It consists of four parts. The first part explains the origins and development of the use of PMSC in the Horn of Africa. The second section discusses the regulation of the private security industry, paying particular attention to the maritime context. Part three examines the challenges associated with the use of maritime PMSC in the Horn of Africa, including negative human rights implications, compromising the innocent passage of commercial ships, and creating confusion in the hierarchical control of ships. Finally, the paper analyses the findings and concludes that PMSC, despite their apparent short-term effectiveness, cannot be regarded as a long-term solution to the piracy phenomenon in the Horn of Africa.     

Away From Home: Somali Women's Mediated Entry Into the United Kingdom

Based on in-depth interviews with 26 Somali women refugees, this article discusses structural arrangements around their settlement in the United Kingdom (UK). Their “male-centered” migration can be viewed as a specific form of patriarchal institution where men control women's trajectories. Based on Bourdieu's concept of social capital, I introduce a new category of knowledge capital—supplementary capital—to discuss sociocultural/political stratifications that affect integration of my informants in the UK. I show how a lack of familiarity with the dominant language became central to their integration difficulties. These underexamined problems are key factors in immigration processes.     

Farmers,Traders and Brokers in the Gold Coast Cocoa Economy

Creating an autonomous and efficient judiciary represents an important and necessary step for the consolidation of democracy and the reconciliation of a nation divided by almost two decades of conflict over the contentious issue of Ivoirité. The aim of this paper is to evaluate the progress that has been made in the establishment of the rule of law in Côte d’Ivoire under the current president, Alassane Ouattara, by comparing the period of his presidency to those of his predecessors, Henri Konan Bédié, General Robert Gueï and Laurent Gbagbo. I argue that the judiciary is still struggling to establish its autonomy and that one of its main problems is its lack of impartiality. I examine possible reasons for the courts’ persistent weak accountability performance and discuss possible remedies.     

Killing the Third World: civilisational security as US grand strategy

Abstract

This article disputes explanations of American expansionism that are based on the requirements of national security or more abstract theories such as the balance of power. In contradistinction to the imperatives of defence and survival, the article shows how civilisational factors weighed heavily on the emergence of US grand strategy at the turn of the nineteenth century. In particular assumptions about the peoples of the Third World being lesser played an important role in the conception and legitimation of imperial expansion. During this period, the US Navy went through a dramatic build-up. The article shows the ways in which the worldviews of many of the key players (such as Alfred Mahan and Theodore Roosevelt) contributed to the militarisation of global racism, a development that led to widespread killing in the Philippines and elsewhere.     

Petty and grand corruption and the conflict dynamics in Northern Uganda

This study explores the relationship between corruption and conflict in northern Uganda, using the perspectives of local business owners as an inroad. The purpose is to highlight how various types of corruption can be related to conflict dynamics in different ways, depending on the context. The article argues that in post-war northern Uganda grand corruption can be seen as related to the conflict dynamics, while petty corruption is generally not seen that way. At the centre of the conflict in northern Uganda lies a deep mutual mistrust between the population in the north and the central government. Therefore corruption in the public sector that occurs at the central level, in particular with regard to funds aimed at the north, tends to be associated with the conflict, whereas the various types of petty corruption encountered by local businesspersons in Gulu, the largest town in northern Uganda, are seen by these actors as normal or as ‘the way things are’.     

解密本·拉登的"近卫军"——基地第55旅

最近一段时间,美国领导的驻阿联军和阿富汗政府军集中1.1万多人,发动了自2001年以来对塔利班最大规模的军事围剿.驻阿美军战地指挥官弗里克利少将说,此次行动联军和阿富汗政府军将直捣阿南部坎大哈省、赫尔曼德省、查布尔省和乌鲁兹干省的塔利班聚集地,重点清剿塔利班"精英旅",堪称本·拉登"近卫军"-"基地"第55旅.那么,"基地"第55旅为何会吸引美军特别关注呢?     

Fiscal Transparency: Concepts, Measurement and UK Practice

Greater fiscal transparency is seen by its advocates as a means of improving economic governance arrangements in ways which, by promoting fiscal stability, will in turn improve the functioning of the government sector and facilitate improvements in the economic environment for the private sector. 'Fiscal transparency' is much acclaimed by policy-makers, not only in the UK Treasury but also by the IMF and OECD. Fiscal transparency can have substance or can just be voguish incantation. This article explores the meaning of fiscal transparency, by examining its structure and evaluating criteria for assessing the degree of fiscal transparency attached to particular sets of circumstances. It explores the link between transparency and accountability, developing the distinction between event and process transparency. Consideration is given to the trade-off between the value of sunlight (to employ an analogy) and the danger of over-exposure. The performance of the United Kingdom against emerging international best practice is examined, with regard to both public expenditure and taxation. By international standards, UK fiscal transparency is high. Nevertheless, there is a major gap between UK rhetoric and practice, indicating a  divergence between nominal and effective transparency. This is evidenced by: frequent changes in public expenditure definitions; the non-publication of important analyses; the location of certain liabilities 'off-balance sheet'; and a lack of candour about tax policy.     

The past in the present: time and narrative of Balkan wars in media industry and international politics

In this article, we explore various forms of travel writing, media reporting, diplomatic record, policy-making, truth claims and expert accounts in which different narrative perspectives on the Balkan wars, both old (1912–1913) and new (1991–1999), have been most evident. We argue that the ways in which these perspectives are rooted in different temporalities and historicisations and have resulted in the construction of commonplace and time-worn representations. In practical terms, we take issue with several patterns of narratives that have led to the sensationalism of media industry and the essentialisation of collective memory. Taken together as a common feature of contemporary policy and analysis in the dominant international opinion, politics and scholarship, these narrative patterns show that historical knowledge is conveyed in ways that make present and represent the accounts of another past, and the ways in which beliefs collectively held by actors in international society are constructed as media events and public hegemonic representations. The aim is to show how certain moments of rupture are historicised, and subsequently used and misused to construct an anachronistic representation of Southeast Europe.     

The true extent of global poverty and hunger: questioning the good news narrative of the Millennium Development Goals

The final report on the Millennium Development Goals (MDGs) concludes that the project has been ‘the most successful anti-poverty movement in history’. Two key claims underpin this narrative: that global poverty has been cut in half, and global hunger nearly in half, since 1990. This good-news narrative has been touted by the United Nations and has been widely repeated by the media. But closer inspection reveals that the UN’s claims about poverty and hunger are misleading, and even intentionally inaccurate. The MDGs have used targeted statistical manipulation to make it seem as though the poverty and hunger trends have been improving when in fact they have worsened. In addition, the MDGs use definitions of poverty and hunger that dramatically underestimate the scale likely of these problems. In reality, around four billion people remain in poverty today, and around two billion remain hungry – more than ever before in history, and between two and four times what the UN would have us believe. The implications of this reality are profound. Worsening poverty and hunger trends indicate that our present model of development is not working and needs to be fundamentally rethought.