Maritime Piracy. The Applicable Legal Framework and Current Problems

This thesis, entitled “Maritime Piracy. The Applicable Legal Framework and Current Problems” exposes the fragility of the current legal system when faced with the crime of Maritime Piracy, both internationally and within Portugal, while also revealing the many ambiguities surrounding this crime in the international community. In this regard, the first part of this work focuses on presenting relevant concepts within the scope of international law, concerning the subject under analysis. As such, it becomes possible to explain why Maritime Piracy should be considered separately to other similar criminal operations. This is then followed by a brief analysis of the historical evolution of Maritime Piracy, as the past will forever be a foundation upon which the present is built. With a basis on the current legal regime, the provisions of the United Nations Convention on the Law of the Sea regarding piracy shall then be analyzed (including a brief summary of the aforementioned legal regime). The efforts made by the United Nations and the International Maritime Organization (and other organizations) shall then be detailed, as well as those made by both military and police forces, to assist countries in preventing and suppressing this means of illegal activity. Mention is made of the concrete situation observed in Somalia, and the ways in which the use of armed forces can be legitimized, as well as the constant attention that should be paid to the important principle of prevention, which is required of shipmasters sailing in waters prone to this type of crime, as well as their crews. The principle of universal jurisdiction and the maximum aut dedere aut judicare applicable in this legal field are then touched upon, after which this work draws to a conclusion by addressing the liability of actors committing acts of piracy, whether nationally or internationally, and the ways in which they can be prosecuted.