2016

Issue 03

Against a Uniform Definition of Maritime Piracy

by M. Bob KAO 6 October 2016

Many scholars argue that a major obstacle to eradicating the global problem of maritime piracy is the lack of a uniform definition of piracy. Their chief concern is that without a uniform definition, it is difficult to formulate responses on a systemic and global level. This article contends that having multiple definitions of piracy for …More

Issue 02

Looking at the Montreux Document from a Maritime Perspective

by Anna PETRIG 15 April 2016

The Montreux Document on Private Military and Security Companies was drafted with a view to apply to land-based settings. However, one of the prime markets of the private security industry today is the protection of merchant ships from criminal threats like piracy and armed robbery at sea. This warrants a discussion on the pertinence and …More

Issue 02

EUNAVFOR Operation Sophia and the International Law of the Sea

by Efthymios PAPASTAVRIDIS 15 April 2016

EUNAVFOR Operation Sophia was launched in summer 2015 in order to combat the smuggling of migrants in the South Mediterranean Sea, as part of a more comprehensive response by the EU to the ongoing and increasing refugee crisis in Europe. Its mandate includes the interdiction of vessels suspected of engaging in the smuggling of migrants …More

Issue 02

The Maritime Frontier between Italy and France: A Paradigm for the Delimitation of Mediterranean Maritime Spaces

by Fabio CAFFIO 15 April 2016

A recent agreement (signed on 21 March 2015 but not yet entered into force) between Italy and France on the delimitation of their maritime spaces provides a unique opportunity to discuss the solutions adopted in light of the ‘single maritime boundary’ practice. The new Agreement, on the basis of the customary rules of international law …More

Issue 02

The Arbitral Award in the Bangladesh-India Maritime Delimitation in the Bay of Bengal and its Contribution to International Maritime Boundary Law: A Case Commentary

by Suzette V. SUAREZ 10 March 2016

The Arbitral Tribunal rendered its Award in the maritime delimitation dispute between Bangladesh and India in the Bay of Bengal on 7 July 2014. It delimited the parties’ territorial sea, exclusive economic zone and the continental shelf, including the area beyond 200 nautical miles. Overall, the Arbitral Tribunal’s approach in delimiting the exclusive economic zone …More

Issue 02

The Arctic Sunrise Arbitration and Acts of Protest at Sea

by Maria Chiara NOTO 10 March 2016

The present article analyses the Arctic Sunrise arbitration, which concerns the lawfulness of the boarding and seizure of the Dutch-flagged vessel, Arctic Sunrise, during a protest against the oil rig Prirazlomnaya in the exclusive economic zone of the Russian Federation. Even though the Arctic Sunrise vessel was three nautical miles from the rig, the Greenpeace …More

Issue 02

“Pirates, but not of the Caribbean”: The French Private Ship Protection Act

by Philippe GRIMAUD 10 March 2016

After comparing the legal frameworks related to piracy with those of Europe’s main countries, the French legislator recently released a comprehensive set of rules in order to allow ship-owners to embark protection teams aboard merchant ships in an effort to prevent pirate attacks. As this kind of economic activity implies specific skills and liability linked …More