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Type: Journal article
Title: Piracy and universal jurisdiction
Author: Paige, T.
Citation: Macquarie Law Journal, 2013; 12:131-154
Publisher: Macquarie University
Issue Date: 2013
ISSN: 1445-386X
Statement of
Tamsin Paige
Abstract: This article will examine the history of piracy jure gentium and the law as it currently stands, showing that piracy does not lie within the realm of universal jurisdiction or international criminal law. The history component will separate the rhetoric of ‘pirates’ and ‘piracy’ from the legal definition, a practice that is often lacking in considerations of piracy jure gentium. The examination of the current law will explore the codification of piracy in UNCLOS, particularly the articulation of jurisdiction in Article 105 as it compares to the universal jurisdiction afforded other jus cogens crimes. From this it will be clear that piracy is not a crime of universal jurisdiction based on the heinousness of the crime, as is the case with international crimes, but rather a crime of concurrent municipal jurisdiction based on the stateless nature of the crime.
Keywords: Piracy; Universal Jurisdiction; Transnational Crime; International Law; International Criminal Law; Legal History; Concurrent Municipal Jurisdiction
Rights: Copyright status unknown
RMID: 0030045007
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Appears in Collections:Law publications

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