An appraisal of the legal framework for combating piracy off the Somali maritime zone
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Date
2019-04
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Kampala international University School of Law
Abstract
This study focused on an appraisal of the legal framework for combating piracy off the Somali maritime zone. Sea piracy is the crime of robbery of ships or boats at the sea, The threat of piracy attacks against international shz~ping has increased in various parts of the world, including the South China Sea, the Bay of Bengal, West Africa, and off the Brazilian coast, Thus, the research objectives were to analyse the adherence of Somali Government to international legal frameworks for combating piracy, discuss the regional legal regimes towards anti-piracy activities and examine the role of national legal framework in combating
piracy off the SMZ. The study found that due to a previous civil war, absence of central government and lack of natural resources, Somalia is presently one of the most underdeveloped and chaotic countries in the world. It is widely believed that the inability to
restore a functioning government is the direct cause of Somalia’s security problems and ruined economy. Because of Somalia ~s’ poor economic circumstances, many individuals who are dissatisfied with the status quo seek unconventional ways to improve their respective financial circumstances by any means possible. The findings indicated that Somali Government has been involved in continental legal regimes towards activities in SMZ. The key legal frameworks in which the country has been engaged in include the Revised African Maritime Transport Charter; and Code of Conduct concerning the Repression of Piracy andArmed Robbery Against Ships in the Westerns Indian Ocean and the Gulf of Aden, The study found that contrary to popular belief Somali piracy did not begin initially out of the desire toexploit the vulnerabilities of their failed~ lawless state. The DC’oC concerning the Repressionof Piracy and Armed Robbery against Shi~,s in the Western Indian Ocean and the Gulf of Aden recognizes the extent of the problem of piracy and armed robbery against shz~s in the region and, in it, the signatories declare their intention to cooperate to the fullest possible extent, and in a manner consistent with international law, in the repression of piracy and armed robbery against shz~s. This study recommended that through international assistance and greater collaboration, Somalia would be able to reconstitute an effective national coastguard to conduct counter-piracy operations alongside other missions that are related to the root causes of piracy, such as countering illegal fishing activities, criminal gangs active in drugs smuggling and human trafficking, as well as waste dumping,
Description
A thesis submitted to the college of higher degrees and research of Kampala international university Kampala, Uganda in partial fulfillment for the award of master degree in criminal law and criminology of Kampala international university
Keywords
Piracy, Somali maritime zone