索马里海盗引发的若干国际法问题

肆虐的索马里海盗和武装劫船行为已经对当代国际法多个分支产生了挑战和冲击，带来了若干亟需解决的法律问题。国际社会必须在预防、制止和惩治方面完善对付海盗和武装劫船行为的国际法体系，包括推动武装劫船行为概念的普遍化、更多依赖1988年《制止危及海上航行安全非法行为公约》及其2005年议定书、澄清适用于武力打击海盗和武装劫船行为的国际人权和人道法的类型和内容、以及探索对海盗行为进行公正有效制裁的刑事审判模式。     

Coast guards and maritime piracy: sailing past the impediments to cooperation in Asia

Abstract

Despite the efforts of the past decade, maritime piracy remains of international concern today. Countries need to cooperate actively at both the regional and international levels to eradicate the problem effectively. In particular, the nature of the threat in the Asia-Pacific region suggests that coastal states – countries that possess sovereignty over the pirate-infested waters but lack the law-enforcement resources – have to turn to resource-rich extra-regional powers for assistance. Unfortunately, cooperation between such disparate countries has traditionally been impeded by sovereignty sensitivities, as best exemplified by Malaysia's and Indonesia's hostile responses to the United States' Regional Maritime Security Initiative in 2003. Faced with this apparent dilemma, a new phenomenon has emerged. National coast guard agencies, instead of their military naval counterparts, have become attractive alternatives for promoting international cooperation against non-traditional security threats, such as maritime piracy. Spearheaded by the Japanese Coast Guard (JCG), coast guards from various countries have imparted training expertise, conducted joint exercises, hosted low-publicity multilateral meetings, and even transferred security equipment across international borders. Together they have succeeded in promoting cooperation without arousing the sovereignty sensitivities often associated with such cooperation. This article analyzes the evolution of coast guard cooperation in Asia, highlighting in particular the Japanese Coast Guard's success in this endeavor. With the general alignment of regional and global power interests in Southeast Asia, coast guard agencies hold promise for extra-regional powers wishing to help eradicate maritime piracy in the region.     

Stabilizing Somalia: can the EU's comprehensive approach work?

States with limited statehood such as Somalia can cause transnational security challenges. The emergence of an insurgent group with links to Al Qaida and piracy emanating from its coast are cases in point. In this article, we tackle the question of whether the EU's comprehensive approach toward Somalia is working. To do this, we analyze its effectiveness, its legitimacy, and the influence of power by appraising three characteristics of the security governance concept in a critical manner. We conclude that the result is mixed. Even if the EU's comprehensive approach were perfect in a technical sense, it would still face restraints, because any solution has to come from Somali themselves. Not only should they be an integral part of it, they should become the real owners of the state-building process in the first place.     

Irregular Warfare and Tactical Changes: The Case of Somali Piracy

The aim of this article is to analyze the tactical behavior of Somali pirates, international naval forces, and the shipping community operating in the Gulf of Aden and the Somali Basin. To what extent has tactical behavior changed over time and can this process be understood in more theoretical terms? Our theoretical framework centers around some concepts often used in naval doctrine, discussing tactical change in terms of command and control, force, mobility, protection, intelligence, and endurance. We also evaluate this change using two tactical concepts—tactical adaptation and tactical development. The empirical data is based on statistics from the International Criminal Court-International Maritime Bureau and the EU NAVFOR Operation Atalanta, as well as interviews. We conclude that Somali piracy has unquestionably adapted their tactics to circumstances, while naval forces have increased their capacity to capture pirates and shipping to avoid pirates.     

Contemporary piracy research in criminology: a review essay with directions for future research

The realm of the ocean is scarcely studied by criminologist despite it being a component of the space of society. With the growth of maritime piracy in the past decade, this void has become increasingly palpable. The aim of this article is to catalyze more research in the field by providing an introduction and overview of the topic. The article starts by clarifying what piracy is, reviewing and evaluating some of its definitions and typologies. Furthermore, using the new Contemporary Maritime Piracy Database, the article charts the location of contemporary piracy. The article outlines factors that have been suggested as precursors of piracy before suggesting some key areas for future research.     

打击索马里海盗：既是责任也是挑战

＂海盗行为＂是一种国际法罪行,也是联合国安理会两次专门通过决议要予以坚决打击和惩治的犯罪活动。然而,要有效地打击与惩治索马里海盗,还必须具备一个有效的法律机制。不管是通过建立国际刑事法庭的形式,还是通过国内法庭的司法程序,都得适用已成为国际习惯法的＂司法公正＂原则。这对于中国及其他国家而言,是一种责任与挑战。     

Doing Europe: agency and the European Union in the field of counter-piracy practice

ABSTRACT

The practice turn provides new avenues for core questions of international relations and European Studies. This article draws on a practice theoretical account to shed new light on the constitution of agency in global politics. An understanding of agency as achievement that requires significant practical work and the participation in international fields of practice is developed. Drawing on the case of the field of counter-piracy practice and the European Union’s (EU’s) work to counter piracy off the coast of Somalia, it is shown how the EU achieved the position as a core actor in the field. A detailed discussion of the EU’s work in interrupting and knowing piracy, in building capacity, and in governing piracy is provided.     

南海地区安全：打击海盗与反恐合作

南海地区不仅具有重要的战略地位，而且是世界上最繁忙的国际航道之一，其安全正面临着海盗与恐怖分子的威胁。随着国际海事局有关海盗定义的修订，要维护南海地区的安全仅依靠南海周边国家的力量是不够的，特别是马六甲海峡。因此，海峡沿岸国要求海峡使用国共同分摊维护安全的经费负担，并提供有关培训、设备和信息情报等援助。这种情况说明，维护南海地区安全必须由南海周边国家及南海航道使用国共同合作，只有通过密切的国际合作，才能有效地打击海盗与恐怖主义活动，真正地维护南海地区的安全。     

Business conflict and international law: The political economy of copyright in the United States

The internet industry has emerged as an important economic and political actor, both within the United States and internationally. Internet companies depend on exceptions from copyright law in order to operate. As a result, internet companies have considerable incentive to try and influence international copyright law. However, the current literature has neglected the role of the internet industry, instead focusing on the influence of copyright owning media companies. This has largely homogenized the concerns of business interests, neglecting the interests of business actors which do not favor stricter copyright protection. By examining business conflict over recent copyright initiatives by the United States, this article criticizes the literature. It illustrates that the internet industry has been able to alter the negotiating preferences of the United States against the wishes of copyright owners. This argues against the homogenization of business interests regarding copyright while illustrating the importance of material over discursive factors in determining political outcomes.