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Piracy, the protection of vital state interests and the false foundations of universal jurisdiction in International law

journal contribution
posted on 2023-06-08, 22:57 authored by Matthew GarrodMatthew Garrod
It is widely asserted by courts and in legal scholarship that for hundreds of years universal jurisdiction has applied to the crime of piracy. However, the alleged historical legal foundations of universality need challenge. The central argument of this analysis is that jurisdiction over “piracy” is better understood under the protective principle, which arose out of the necessity of maritime Powers roughly between the seventeenth and eighteenth centuries to protect certain of their vital interests, not least their overseas trade routes and colonial trade and settlements. It follows that there is a need to re-conceptualise jurisdiction over piracy as the protection of vital State interests shared by the international community, a concept misinterpreted as universal jurisdiction.

History

Publication status

  • Published

File Version

  • Published version

Journal

Diplomacy & Statecraft

ISSN

0959-2296

Publisher

Taylor & Francis

Issue

2

Volume

25

Page range

195-213

Department affiliated with

  • Law Publications

Full text available

  • No

Peer reviewed?

  • Yes

Legacy Posted Date

2015-10-27

First Compliant Deposit (FCD) Date

2021-03-05

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