TITLE

SOMALSKO PIRATSTVO -- OD VOJNOPOMORSKIH OPERACIJA DO NAORU�AVANJA BRODOVA

AUTHOR(S)

Pospi�il, Marija

PUB. DATE

March 2012

SOURCE

Collected Papers of the Faculty of Law in Split;Mar2012, Vol. 49 Issue 1, p59

SOURCE TYPE

Academic Journal

DOC. TYPE

Article

ABSTRACT

Despite the significant actions taken by the international community to combat Somali piracy, the escalation of the number and severity of the attacks on merchant's ships off the coast of Somalia, in the Gulf of Aden and wider area of Indian Ocean, poses the question of effectiveness of those actions. In view of this, more and more ship owners resort to engaging armed security guards to protect their ships and crew against pirate attacks. This is no longer opposed by the international community which can be seen from the latest recommendations of International Maritime Organization (IMO) and it is also supported by increasing number of States which are issuing new regulations enabling the ship owners to engage armed guards or even to arm the ships' crew for self-defense. IMO recommendations are leaving to Flag States to decide whether or not they will allow, and under which conditions, engagement of armed guards on the ships flying their flag, and are obliging ship owners to carry out a thorough risk assessment together with the ship's master, and taking into account any flag State and port and coastal States' regulations in relation to embarkation/disembarkation and transit of the armed guards and weapons, to decide in each particular case whether it is necessary, and under which terms and conditions, to engage armed guards. This article analyses the nature and causes of modern piracy with an emphasis on Somali piracy, international community response and the legal framework available to combat it, complexity of ransom payments and the legal and other barriers which lead to the need for engaging armed guards on merchant ships for defending against pirate attacks.

ACCESSION #

74259876

Tags: SOMALIS;  PIRACY;  SEA control;  HIJACKING of ships;  INTERNATIONAL Maritime Organization;  RISK assessment

 

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