A "global war on piracy ?" : international law and the use of force against sea pirates
Eric A. Heinze
Maritime piracy and the construction of global governance
London ; New York : Routledge, 2013
The first part discusses the evolution of the law of piracy from the classic law of nations to the contemporary regime centered on the United Nations Convention on the law of the sea (UNCLOS), wherein the author highlights several legal obstacles to combating piracy in the context of Somalia. The second section examines whether the UN Security Council resolutions that purport to authorize the use of force against pirates were intended by the Council to implicate the law of armed conflict, as well as whether the international law of armed conflict would prima facie apply to the anti-piracy activities off the coast of Somalia. Finally, the author considers whether recent anti-piracy activity by states off of the coast of Somalia rises to the level of armed conflict.