Blackwater versus Blackbeard : which international regulations exist for the use of private maritime security companies in vessel protection operations?

Simple item page
dc.contributor.advisorPowell, Cathleenen_ZA
dc.contributor.authorWirtz, Christian Corneliusen_ZA
dc.date.accessioned2016-07-26T12:16:30Z
dc.date.available2016-07-26T12:16:30Z
dc.date.issued2016en_ZA
dc.description.abstractThe problem of piracy and armed robbery at sea has sharply risen in the last decades. As a result, shipping companies, governments, insurances and maritime organisations have tried to approach the problem in different ways, the employment of private maritime security companies being one of them. State navies do not have enough resources to cover the vast areas of the high seas. As a result, armed security teams are exercising traditional State functions to protect vessels from being attacked. This study aims to find the legal foundations in international public law for the employment of armed guards on-board of commercial or private vessels. Furthermore, legal questions about the seizing of pirates, the use of force, criminal jurisdiction on-board of ships and the carrying of weapons will be scrutinized. For this purpose, the applicability of the Geneva Conventions and other key documents of the international humanitarian law will be analysed such as the Montreux Document and the Draft International Convention on the Regulation, Oversight and Monitoring of Private Military and Security Companies. Moreover, relevant aspects of the UNCLOS rules will be highlighted. An additional chapter will review existing international and regional soft law standards, mainly developed by the shipping and the security industry. The analysis concludes that international law has not yet developed distinct rules for the use of private maritime security companies. Especially the UNCLOS does not deal with private actors in the fight against piracy at all. As a result, national law remains responsible for the creation of a comprehensive set of rules concerning the employment and the conduct of maritime security guards. In addition, the vast number of soft law guidance and standards are missing enforceable and effective mechanisms and cannot yet be seen as an alternative for national regulations.en_ZA
dc.identifier.apacitationWirtz, C. C. (2016). <i>Blackwater versus Blackbeard : which international regulations exist for the use of private maritime security companies in vessel protection operations?</i>. (Thesis). University of Cape Town ,Faculty of Law ,Shipping Law Unit. Retrieved from http://hdl.handle.net/11427/20773en_ZA
dc.identifier.chicagocitationWirtz, Christian Cornelius. <i>"Blackwater versus Blackbeard : which international regulations exist for the use of private maritime security companies in vessel protection operations?."</i> Thesis., University of Cape Town ,Faculty of Law ,Shipping Law Unit, 2016. http://hdl.handle.net/11427/20773en_ZA
dc.identifier.citationWirtz, C. 2016. Blackwater versus Blackbeard : which international regulations exist for the use of private maritime security companies in vessel protection operations?. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Wirtz, Christian Cornelius AB - The problem of piracy and armed robbery at sea has sharply risen in the last decades. As a result, shipping companies, governments, insurances and maritime organisations have tried to approach the problem in different ways, the employment of private maritime security companies being one of them. State navies do not have enough resources to cover the vast areas of the high seas. As a result, armed security teams are exercising traditional State functions to protect vessels from being attacked. This study aims to find the legal foundations in international public law for the employment of armed guards on-board of commercial or private vessels. Furthermore, legal questions about the seizing of pirates, the use of force, criminal jurisdiction on-board of ships and the carrying of weapons will be scrutinized. For this purpose, the applicability of the Geneva Conventions and other key documents of the international humanitarian law will be analysed such as the Montreux Document and the Draft International Convention on the Regulation, Oversight and Monitoring of Private Military and Security Companies. Moreover, relevant aspects of the UNCLOS rules will be highlighted. An additional chapter will review existing international and regional soft law standards, mainly developed by the shipping and the security industry. The analysis concludes that international law has not yet developed distinct rules for the use of private maritime security companies. Especially the UNCLOS does not deal with private actors in the fight against piracy at all. As a result, national law remains responsible for the creation of a comprehensive set of rules concerning the employment and the conduct of maritime security guards. In addition, the vast number of soft law guidance and standards are missing enforceable and effective mechanisms and cannot yet be seen as an alternative for national regulations. DA - 2016 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2016 T1 - Blackwater versus Blackbeard : which international regulations exist for the use of private maritime security companies in vessel protection operations? TI - Blackwater versus Blackbeard : which international regulations exist for the use of private maritime security companies in vessel protection operations? UR - http://hdl.handle.net/11427/20773 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/20773
dc.identifier.vancouvercitationWirtz CC. Blackwater versus Blackbeard : which international regulations exist for the use of private maritime security companies in vessel protection operations?. [Thesis]. University of Cape Town ,Faculty of Law ,Shipping Law Unit, 2016 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/20773en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentShipping Law Uniten_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherInternational Public Lawen_ZA
dc.titleBlackwater versus Blackbeard : which international regulations exist for the use of private maritime security companies in vessel protection operations?en_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
Files
Original bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
thesis_law_2016_wirtz_christian_cornelius.pdf
Size:
641.43 KB
Format:
Adobe Portable Document Format
Description:
Download
Collections
Masters