Piracy and International Maritime Crimes in ASEAN
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Piracy and International Maritime Crimes in ASEAN

Prospects for Cooperation

Edited by Robert Beckman and J. Ashley Roach

Southeast Asian waters are critical for international trade and the global economy. Combating maritime crimes has always been a priority as well as a challenge for ASEAN member states. While much emphasis has been placed on enhancing operational cooperation against maritime crimes, the need for an effective legal framework to combat such maritime crimes has not been sufficiently examined. This book demonstrates that ASEAN member states can establish a legal framework to combat maritime crimes by ratifying and effectively implementing relevant global and regional conventions. It also explores the issues that ASEAN member states, and ASEAN as an organization, face in establishing such a framework and suggests suitable steps that can be taken to address such issues.
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Chapter 7: Ratification and implementation of global conventions on piracy and maritime crimes

Robert C. Beckman and J. Ashley Roach


This chapter addresses the problems of selected states in ratifying and effectively implementing the global conventions on piracy and international crimes as well as some of the specific problems faced by states in amending their national laws to implement their obligations under the global conventions. The chapter starts by describing the current ratification status of the global conventions on international maritime crimes and then outlines some of the problems faced by states in deciding whether to become a party to a particular convention. Next, it sets out some of the general problems that states face when implementing international conventions, especially the differences in approach between states whose legal systems are based on the English common law and states whose legal systems are based on European civil law. The remainder of the chapter analyzes the extent to which selected countries have implemented the global conventions in their national law. It begins with an analysis of the national legislation of selected countries on piracy to determine the extent to which the national laws are consistent with definition of piracy in article 101 of the United Nations Convention on the Law of the Sea (UNCLOS).

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