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In Piracy and the Origins of Universal Jurisdiction, Mark Chadwick relates a colourful account of how and why piracy on the high seas came to be considered an international crime subject to the principle of universal jurisdiction, prosecutable by any State in any circumstances.
The image of the pirate is at once spectral and ubiquitous. It haunts the imagination of international legal scholars, diplomats and statesmen involved in the war on terror. It returns in the headlines of international newspapers as an untimely ‘security threat’. It materializes on the most provincial cinematic screen and the most acclaimed works of fiction. It casts its shadow over the liquid spatiality of the Net, where cyber-activists, file-sharers and a large part of the global youth are condemned as pirates, often embracing that definition with pride rather than resentment. Today, the pirate remains a powerful political icon, embodying at once the persistent nightmare of an anomic wilderness at the fringe of civilization, and the fantasy of a possible anarchic freedom beyond the rigid norms of the state and of the market. And yet, what are the origins of this persistent ‘pirate myth’ in the Western political imagination? Can we trace the historical trajectory that has charged this ambiguous figure with the emotional, political and imaginary tensions that continue to characterize it? What can we learn from the history of piracy and the ways in which it intertwines with the history of imperialism and international trade? Drawing on international law, political theory, and popular literature, The Pirate Myth offers an authoritative genealogy of this immortal political and cultural icon, showing that the history of piracy – the different ways in which pirates have been used, outlawed and suppressed by the major global powers, but also fantasized, imagined and romanticised by popular culture – can shed unexpected light on the different forms of violence that remain at the basis of our contemporary global order.
There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this book, the nineteenth century's absence is conspicuous - few have considered that era seriously, much less written books on it. But as this author shows, the foundation of the movement that we know today was a product of one of the nineteenth century's central moral causes: the movement to ban the international slave trade.
The construction of third-party jurisdictional piracy courts to address the problem of Somali piracy injected a sudden and unprecedented doctrine into---while simultaneously dismissing a canon of---international law. These courts dismissed the nexus requirement---or connection---between the seizing State and the legal apparatus used to prosecute those accused of piracy jure gentium, the original cognizable crime of universal jurisdiction. While the legal community does not appear to recognize this particular nexus requirement, its existence during over four hundred years of juridical practice and over two thousand years of social and juristic theory stands as a testament to its salience under international law. Given its history as a cornerstone of international law, the ability of powerful western States, and international organs working on behalf of those powerful western States, to delegate the prescriptive and adjudicative functions of the juridical apparatus to less-developed nations, while retaining the power of enforcement, is both remarkable and disturbing. This dissertation therefore poses two questions: First, what explains the emergence of third-party jurisdictional piracy courts in Kenya, Seychelles and Mauritius to address Somali piracy? Second, why did powerful States limit the jurisdiction of these courts to only cases of Somali piracy, when maritime piracy has been equally disruptive, and perhaps more costly, in other parts of the world? The central contention of this dissertation is that third-party jurisdictional piracy courts are a product of an international State system based on asymmetrical power relations that reflect the ability of hegemonic States to preserve their interests by selectively targeting subaltern actors. In this vein, this dissertation notes that alternatives to third-party jurisdictional piracy courts currently exist under both the law of nations and municipal law. However, extant juridical routes have the potential to expose and damage the dominance of hegemonic actors by, for example, opening them up to violations of international human-rights laws. In this light, the emergence of third-party jurisdictional piracy courts can be understood as both an affront to modern conceptions of sovereignty and the law of nations, and the normative juridical outcome of the interactions between hegemonic States and subaltern social actors.
A handpicked group of leading experts in the field of International Relations use maritime piracy as a means to expose the incongruities in our understanding of global governance.
Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.
Media Piracy in Emerging Economies is the first independent, large-scale study of music, film and software piracy in emerging economies, with a focus on Brazil, India, Russia, South Africa, Mexico and Bolivia. Based on three years of work by some thirty five researchers, Media Piracy in Emerging Economies tells two overarching stories: one tracing the explosive growth of piracy as digital technologies became cheap and ubiquitous around the world, and another following the growth of industry lobbies that have reshaped laws and law enforcement around copyright protection. The report argues that these efforts have largely failed, and that the problem of piracy is better conceived as a failure of affordable access to media in legal markets.
Universal jurisdiction is becoming a potent instrument of international law, but it is poorly understood by legal experts and remains a mystery to most public officials and citizens.