• Strategy21
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• s.36
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• pp.150-179
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• 2015

This thesis analyzes Somali piracy as a non-traditional threat to the Sea Lines of Communication (SLOC) and international countermeasures to the piracy. In an era of globally interdependent economies, the protection of sea lines and freedom of navigation are prerequisites for the development of states. Since the post-Cold War began in the early 1990s, ocean piracy has emerged as a significant threat to international trade. For instance, in the Malacca Strait which carries 30 percent of the world's trade volume, losses from failed shipping, insurance, plus other subsequent damages were enormous. Until the mid-2000s, navies and coast guards from Malaysia, Indonesia, Singapore, together with the International Maritime Organization (IMO), conducted anti-piracy operations in the Strait of Malacca. The combined efforts of these three maritime states, through information sharing and with reinforced assets including warships and patrol aircrafts, have successfully made a dent to lower incidents of piracy. Likewise, the United Nations' authorization of multinational forces to operate in Somali waters has pushed interdiction efforts including patrol and escort flotilla support. This along with self-reinforced security measures has successfully helped lower piracy from 75 incidents in 2012 to 15 in 2013. As illustrated, Somali piracy is a direct security threat to the international community and the SLOC which calls for global peacekeeping as a countermeasure. Reconstructing the economy and society to support public safety and stability should be the priority solution. Emphasis should be placed on restoring public peace and jurisdiction for control of piracy as a primary countermeasure.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.1
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• pp.26-32
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• 2014

The increased threat to commercial shipping by Somalia-based pirates has triggered an increased use of PMSC(Private Maritime Security Contractors). The use of PMSC to protect merchant ships against Somali-based piracy threat seems to have been most effective counter-piracy measures. However, there are various legal and practical questions around using PMSC and PCASP(Privately Contracted Armed Security Personnel) on board at sea. This paper aims to study the regulation and its problems of PMSC and PCASP on board to protect merchant ships against Somali-based piracy in the Indian Ocean and Gulf of Aden. In particular, this paper focuses on the legal issues including jurisdictional issues of PCASP on board merchant vessels, use of force by PCASP in self-defense, and authority for using PMSC. Currently, the legal framework relating to use of PMSC and PCASP on board protecting ships from Somali-based piracy is complex, sometimes ambiguous or inconsistent, and currently in a state of flux. Thus, this paper concludes that at this juncture an effort to coordinate this legal framework is necessary, as regards both the interpretation of existing rules related to PCASP on board merchant ships under UNCLOS(United Nations Convention on the Law of the Sea) and the creation of new rules. Also, this paper suggested that there is an urgent need to establish the PMSC-specific laws in Korea.

• Journal of Navigation and Port Research
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• v.36 no.4
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• pp.273-278
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• 2012

This study is concerned with the applicable countermeasures for securing safety of ship from piracy attacks. For improvements and countermeasures, we analyzed the recent anti-piracy trends. In spite of international community's various activities for safety navigating, the number of piracy in Gulf of Aden and in the vicinity of Somali waters has been increasing dramatically in the last few years, so has the number of piracy on Korean vessels. In case of piracy attack which based on Somalia, it continues constantly and widely not only near shore, but coastal and oceanic waters. This study figures out the limitations of international community's efforts including military and legal improvements. There are no studies concerning the countermeasures of bridge protection by piracy. This study suggested the additional installation of outside door of bridge as well as the adjustment of piracy operation area(POA) of Korea navy.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.59
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• pp.113-135
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• 2013

Piracy has been an ongoing and serious problem in international shipping industry. Somalia is often in the news these days. Somalia has been in a state of unrest for more than two centuries. In recent times, the situation has remained unstable. The persistent unrest is the major driver behind the piracy epidemic in Somalia waters. By the MIA 1906, s.78(1), the expenses in order to be recoverable must have been "properly incurred". The underwriter is also liable in certain circumstances for expenses incurred by the assured in an attempt to avert or diminish loss covered by the policy, under provisions. This class of expenditure is commonly referred to as sue and labour expenses, or suing and labouring expenses; less commonly, as particular charges. The standard marine policy(the S.G.Form) contained what was invariably called the sue and labour clause, which has been replaced in the current Institute Clauses by the "Duty of Assured(Sue and Labour)" Clause in the Hull Clauses, and the "Duty of Assured" Clause, headed "Minimizing losses", in the Cargo Clauses. Sue and labour charges are not confined to expenditure on the part of the assured and his agents, but can include quantified loss consequent upon a sacrifice properly and reasonably made to avert or minimize an insured loss.

• Journal of Legislation Research
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• no.55
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• pp.167-191
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• 2018

Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.