Towards an Integrative Approach
Edited by Harmen Van der Wilt and Christophe Paulussen
Chapter 4: Piracy at the intersection between international and national: regional enforcement of a transnational crime
In this chapter, the author rebuts the more orthodox view that piracy is an international crime. This chapter discusses piracy as a transnational crime and contrasts its features with those of international crimes. It further discusses the problematic issues resulting from the multi-layered transnational legal framework applicable to piracy at both the substantive and procedural level. The author concludes by suggesting that a regional adjudicative mechanism may respond to the flaws inherent in transnational criminal law, in its enforcement and adjudication, and ultimately ensure that the rights of suspected pirates are respected and protected.
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