Abstract

Concerns raised in the International Maritime Organisation (IMO) have now led to two legal instruments which may play a significant role in regional counter-piracy. UN Security Council Resolution 1816 uses Chapter VII powers to authorize foreign military and law-enforcement action in the Somalian territorial sea to repress piracy and armed robbery at sea over an initial six month period. In parallel, an IMO-organized African regional conference has produced a draft Memorandum of Understanding on piracy which, despite its non-binding form, could create practical and effective structures to combat piracy in the region. Understanding both instruments requires a brief discussion of the situation in Somalia and the international law of piracy.

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