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Somali Pirates as Agents of Change in International Law-making and Organisation

Guilfoyle, Douglas; (2012) Somali Pirates as Agents of Change in International Law-making and Organisation. Cambridge Journal of International and Comparative Law , 1 (3) 81 - 106. 10.7574/cjicl.01.03.58. Green open access

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Abstract

Somali piracy is a highly adaptive business activity that can only be understood in context. The present article aims to provide an analysis of the phenomenon and in particular its impact on international law-making and organisation. The relevant developments have moved fast enough that there is already a significant history of international co-operation in response to Somali piracy. The contention of this article is that the most important impact of Somali pirates as agents of change has not been on the substantive law of piracy but through generating new models of co-operation and soft-law. This has been evident in a range of shifts: the move from a military approach to law enforcement operations; from unilateral enforcement to international authorisation and then to transnational co-ordination; a shift from reliance on formal organisations to informal co-ordinating bodies; and from maritime operations in the Gulf of Aden to various land-based operations, most notably including law and prison reform. The use of soft-law in particular is most evident in the shipping industry's response to piracy.

Type: Article
Title: Somali Pirates as Agents of Change in International Law-making and Organisation
Open access status: An open access version is available from UCL Discovery
DOI: 10.7574/cjicl.01.03.58
Publisher version: http://dx.doi.org/10.7574/cjicl.01.03.58
Language: English
Additional information: Copyright © the Author(s). This work is licensed under a Creative Commons Attribution–NonCommercial–NoDerivs 3.0 License. You are free to share (copy, distribute and transmit the work), but you must attribute the author, you may not use this work for commercial purposes and you may not alter, transform, or build upon this work and distribute any derivative works you create under a similar license.
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1395690
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