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Legal obstacles to the suppression of maritime piracy: the case of Somalia

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Author(s): Fernando Ibáñez Gómez

Journal: Revista CIDOB d'Afers Internacionals
ISSN 1133-6595

Issue: 99;
Start page: 159;
Date: 2012;
Original page

Keywords: maritime piracy | international law | Somalia | UN resolutions

ABSTRACT
This article presents a definition of piracy based on the main international regulations on the subject. As the suppression of piracy depends on the different states, the article compares these regulations with legislation in the United States, United Kingdom, France and Spain. The author analyses the existing problems of a legal origin for the suppression of piracy and takes Somali piracy as a case study. The study concludes that the main obstacles to adequately tackling this suppression are the difficulty in defining piracy, the absence of resources for suppression in international law, the lack of harmonization between national legislations, as well as the practical difficulties that arise with regard to pursuing, detaining and prosecuting pirates.
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