Maritime Piracy and the Right of Hot Pursuit: The Legal Framework under the 1982 United Nations Convention on the Law of the Sea and the UN Security Council's Position in the Twenty-First Century

Abstract

The international community has consistently recognized the importance of safeguarding maritime navigation, especially on the high seas. This approach is consistent with the legal regime governing this vast maritime area, which is not subject to the sovereignty of any State. All States must therefore play an appropriate role in preserving the security and safety of international navigation in these waters, Particular attention must be given to combating piracy, which was criminalized under the 1958 Geneva Convention on the High Seas. The legal foundations for its suppression and punishment were later incorporated into the 1982 United Nations Convention on the Law of the Sea. The twenty-first century has witnessed numerous incidents of maritime piracy whose effects have extended to the economic sphere. Somali piracy in the Gulf of Aden became especially prominent. In response, the United Nations Security Council adopted a series of firm resolutions aimed at combating this phenomenon.