The “phantom ship” phenomenon at high sea: issues and challenges of prosecuting maritime piracy under international and Indian law

Mir, Muzzafar Hussain, Ojha, Shashi Bhushan and Kanojia, Siddharth (2023) The “phantom ship” phenomenon at high sea: issues and challenges of prosecuting maritime piracy under international and Indian law. In: Revisiting the commonality of rules of law of sea in the Islamic tradition contesting Western ideas through alternate conceptions on the historicity of the law of sea. Satyam Law, New Delhi, pp. 101-122. ISBN 9788119119134

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Abstract

Over the period of time, the legal framework governing maritime piracy at the international level has evolved and got diversified. The flaws in judicial systems has encouraged these developments that became apparent after the codified laws were put into practice. The concerns of maritime piracy comes up again every few years, especially as ships and weapons get more sophisticated. Accordingly, combating the concerns related to marine piracy requires planned and coordinated actions at the regional, national and international levels. In the past, anti-piracy operations & initiatives have been quite effective in reducing and halting piratical activity. So, it may be argued that there are sufficient enforcement measures in place with regard to maritime piracy on the high seas. However, the problem is with reference to the piracy in the territorial sea and the prosecution of pirates who are apprehended. This concern was recently divulged in the case of MV Enrica Lexie which belongs to India. Hence, in this chapter, the authors will analyse the whole concourse the legal framework dealing with the complications of maritime piracy. Further, the chapter will also examine the legal response in dealing with the issue of maritime piracy and nuances of criminal prosecution Maritime Piracy, Territorial Sea, Pirates, High Sea, Anti-Piracy of pirates captured by Indian authorities.

Item Type: Book Section
Keywords: Maritime Piracy | Territorial Sea | Pirates | High Sea | Anti-Piracy Operations
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
JGU School/Centre: Jindal School of Banking & Finance
Depositing User: Amees Mohammad
Date Deposited: 10 Jun 2023 15:28
Last Modified: 10 Jun 2023 15:28
Official URL: https://www.satyam-books.com/law-books?product_id=...
URI: https://pure.jgu.edu.in/id/eprint/6130

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