Monday, February 12, 2018
Callum Musto (London School of Economics & Political Science (LSE) - Department of Law) has posted The Elements of Maritime Piracy on SSRN. Here is the abstract:
The dissertation identifies uncertainty in the Article 101 UNCLOS definition of maritime piracy as an obstacle to the effective prosecution of piracy offences at the domestic level.
After surveying relevant domestic decisions and legislation purporting to give effect to the customary and/or conventional definition of piracy (as evidence of State practice and opinio juris or subsequent practice relevant under Article 31(3)(b) VCLT) the dissertation adapts the approach of the International Criminal Court of establishing 'elements of crime' for Rome Statute offences, and attempts to articulate such elements of crime for maritime piracy.