Beckman, Robert C.; Roach, J. Ashley --- "Ratification and implementation of global conventions on piracy and maritime crimes" [2012] ELECD 1076; in Beckman, Robert; Roach, Ashley J. (eds), "Piracy and International Maritime Crimes in ASEAN" (Edward Elgar Publishing, 2012) 165

Book Title: Piracy and International Maritime Crimes in ASEAN

Editor(s): Beckman, Robert; Roach, Ashley J.

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781006849

Section: Chapter 7

Section Title: Ratification and implementation of global conventions on piracy and maritime crimes

Author(s): Beckman, Robert C.; Roach, J. Ashley

Number of pages: 42

Abstract/Description:

This chapter addresses the problems of selected states in ratifying and effectively implementing the global conventions on piracy and international crimes as well as some of the specific problems faced by states in amending their national laws to implement their obligations under the global conventions. The chapter starts by describing the current ratification status of the global conventions on international maritime crimes and then outlines some of the problems faced by states in deciding whether to become a party to a particular convention. Next, it sets out some of the general problems that states face when implementing international conventions, especially the differences in approach between states whose legal systems are based on the English common law and states whose legal systems are based on European civil law. The remainder of the chapter analyzes the extent to which selected countries have implemented the global conventions in their national law. It begins with an analysis of the national legislation of selected countries on piracy to determine the extent to which the national laws are consistent with definition of piracy in article 101 of the United Nations Convention on the Law of the Sea (UNCLOS).