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

Garrod, Matthew (2014) Piracy, the protection of vital state interests and the false foundations of universal jurisdiction in International law. Diplomacy & Statecraft, 25 (2). pp. 195-213. ISSN 0959-2296

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Abstract

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.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Depositing User: Matthew Garrod
Date Deposited: 27 Oct 2015 15:52
Last Modified: 05 Mar 2021 15:45
URI: http://sro.sussex.ac.uk/id/eprint/57366

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