The Impact and Effectiveness of UNCLOS on Counter-piracy Operations

Abstract

The laws that criminalise piracy are well established; however, what is less clear is how these laws are being applied and the impact that they have in the world. This article addresses these questions primarily through a case study on Somali piracy, particularly the impact of direct criminal enforcement. The waning issue of Somali piracy was the first significant test of these laws since their entry into international law as a jus cogens norm in the mid-19th century. The case study relies primarily on qualitative data gathered through interviews with individuals engaged in enforcement through prosecution, investigation or prison services, conducted in the Seychelles in 2013. The examination parses the direct and indirect impact of these laws, concluding that they are ineffective in the context of direct enforcement of criminal law; however, their existence has given rise to political engagements and the use of other legal regimes, rendering them very effective in an indirect manner when piracy is addressed as a broader security issue.