Piracy and International Maritime Crimes in ASEAN
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Piracy and International Maritime Crimes in ASEAN

Prospects for Cooperation

9781781006849 Edward Elgar Publishing
Edited by Robert Beckman, Associate Professor, Head of the Ocean Law and Policy Programme, Centre for International Law, National University of Singapore and J. Ashley Roach, Captain, JAGC, USN (retired), Office of the Legal Adviser, U.S. Department of State (retired)
Publication Date: December 2012 ISBN: 978 1 78100 684 9 Extent: 272 pp
Southeast Asian waters are critical for international trade and the global economy. Combating maritime crimes has always been a priority as well as a challenge for ASEAN member states. While much emphasis has been placed on enhancing operational cooperation against maritime crimes, the need for an effective legal framework to combat such maritime crimes has not been sufficiently examined. This book demonstrates that ASEAN member states can establish a legal framework to combat maritime crimes by ratifying and effectively implementing relevant global and regional conventions. It also explores the issues that ASEAN member states, and ASEAN as an organization, face in establishing such a framework and suggests suitable steps that can be taken to address such issues.

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Southeast Asian waters are critical for international trade and the global economy. Combating maritime crimes has always been a priority as well as a challenge for ASEAN member states. While much emphasis has been placed on enhancing operational cooperation against maritime crimes, the need for an effective legal framework to combat such maritime crimes has not been sufficiently examined. This book demonstrates that ASEAN member states can establish a legal framework to combat maritime crimes by ratifying and effectively implementing relevant global and regional conventions. It also explores the issues that ASEAN member states, and ASEAN as an organization, face in establishing such a framework and suggests suitable steps that can be taken to address such issues.

This informative and detailed study will inform research and policy, and will appeal to government, treaty and policy officials, academics, researchers and students, as well as international and regional organizations concerned with piracy and other related maritime crimes, ocean affairs and the law of the sea.
Critical Acclaim
‘This book makes an important contribution to the legal literature not only for the ASEAN region but also for the world at large. Both editors, Robert Beckman and J. Ashley Roach, are highly knowledgeable and experienced in the international law pertaining to piracy and international crimes. The chapters they write combined with perspectives by authors from Greece, Sweden, Singapore, Philippines and elsewhere provide a broad but detailed review of the current law and policy as well as remaining challenges.’
– Myron H. Nordquist, University of Virginia School of Law, US

‘This book is an outstanding analysis of piracy and maritime crimes in the ASEAN region edited by two world-class law of the sea experts. It is must reading for anyone seriously interested in ending the scourge of piracy.’
– John Norton Moore, University of Virginia and former United States Law of the Sea Ambassador

‘I can confidently say that this is the best book on the legal dimension of the problem of piracy in general, and of piracy in Southeast Asia and off the coast of Somalia in particular, and what we can do about it. Robert Beckman and Ashley Roach are two of the finest minds working in international law today. They have brought their knowledge and sharp analytical skills to edit a book of great relevance to the world''s shipping industry, IMO, ASEAN and international lawyers and law enforcement agencies.’
– Tommy Koh, President, Third United Nations Conference on the Law of the Sea

Contributors
Contributors: R.C. Beckman, W.L. Cheah, M.F.A. Ibañez, M. Jacobsson, N. Passas, J.A. Roach, C. Termsak, A. Twyman-Ghoshal, K. von Hoesslin
Contents
Contents:

Preface
Robert C. Beckman and J. Ashley Roach

Introduction
Robert C. Beckman and J. Ashley Roach

PART I: GLOBAL PERSPECTIVES ON INTERNATIONAL MARITIME CRIMES
1. The Piracy Regime under UNCLOS: Problems and Prospects for Cooperation
Robert C. Beckman

2. Global Conventions on Piracy, Ship Hijacking, Hostage Taking and Maritime Terrorism
J. Ashley Roach

3. Controlling Piracy in Southeast Asia – Thinking Outside the Box
Nikos Passas and Anamika Twyman-Ghoshal

4. International Legal Cooperation to Combat Piracy in the Horn of Africa
Marie Jacobsson

PART II: REGIONAL AND NATIONAL PERSPECTIVES ON INTERNATIONAL MARITIME CRIMES
5. Piracy and Armed Robbery Against Ships in the ASEAN Region: Incidents and Trends
Karsten von Hoesslin

6. ASEAN Measures in Combating Piracy and Other Maritime Crimes
Termsak Chalermpalanupap and Mayla Ibañez

7. Ratification and Implementation of Global Conventions on Piracy and Maritime Crimes
Robert C. Beckman and J. Ashley Roach

8. Maritime Crimes and the Problem of Cross-border Enforcement: Making the Most of Existing Multilateral Instruments
Cheah Wui Ling

9. The Way Forward: Enhancing Legal Cooperation between ASEAN Member States
Robert C. Beckman and J. Ashley Roach

Appendix: Status of Conventions in ASEAN + 6 Countries

Index
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