Pirates, Piracy and the Law

Pirates, Piracy and the Law

The study of the history of piracy and pirate can be studied from many professional perspectives; including, technically, sociopolitically or criminologically. But piracy and pirates can also be seen through a legal perspective. The relevance of piracy study is best illustrated by considering what piracy and pirates are. Piracy was a crime, a violation of the law. Pirates are a class of criminals whose primary crime was piracy.

Since piracy is a crime, they must contain specific laws on the subject. Like all criminal laws, the law on piracy serves to define what actions or combinations of actions or omissions that would piracy. Like all laws, the law on piracy has a source. The source of laws contains custom, statues and treaties. The law also provides finalism. Laws sometimes have exceptions, exceptions to the general law on piracy are privatization. Finally, the law on piracy provides procedures for prosecution of pirates and for the alleged pirate to defend themselves against these charges.

Regarding the Law that Defines Piracy Their are many piracy laws but it is possible to mount a definition of piracy. A person is guilty of piracy if he divests or transports or attempts to remove and transfer his or her property or ships on that ship. or be a master or crew member of a ship used as a platform for the completed or attempted piracy. All the above behaviors will come unless the crew carrying out the pirate action acts under and according to a letter of brevity or otherwise acts as a state apparatus. In order to be guilty of piracy, the pirate action must take place in international waters that are at least 3 miles from the mainland. Laws that prohibit piracy would not limit it to people involved in traditional piracy documents. The law also classifies people who consciously help or involve pirates as pirates themselves. The kind of help or commitment that is classified as piracy involves collaborating with pirates, financing pirates, procuring goods used by pirates, keeping stolen goods for them, advising them, driving from countries that give them equipment or helps them recruit etc.

The sources of these laws prohibiting piracy varied. Like all laws, many of the laws prohibiting piracy were customary or international custom. Customer law is created overtime based on a significant number of persons or entities engaged in or not doing business based on a belief in a legal obligation or legal right. During the discovery age and later countries, England began to use statues as a tool for piracy. These early statues as the criminals at the sea act in 1535 and the pirate document from 1698 stated that piracy was illegal and the procedure that would be used in piracy cases. But in England, these statues have not completely broken the customary law. These statues such as the pirate laws of 1698 and 1717 usually did not define piracy and were asked what activities were piracy that would be answered in accordance with customary law. In terms that define what acts of piracy, the early statues that are described as piracy only if these acts would not be regarded as piracy under customary law. As such, a description of piracy documents was not a codification of previously existing customary law but an expansion of what activities are defined as piracy. The statues therefore served as a legal tool for governments to treat selected maritime crime with gravity and punishment for piracy. Examples of this practice included in the 1698 and 1744 piracy and piracy statutes extended customary definition of piracy to include the treacherous act of their citizens serving on an enemy's private person as piracy if English ships are targeted at attacks. Even in 1698, the British government revised the law's piracy to include captains and crew of ships who volunteered their ships for use by pirates. The extension of the number of acts classified as piracy continued to the 19th century. In 1824, the British Parliament would follow the US Congress to expand the legal definition of piracy to include the oceanic transport of people to be used as slaves. Not by postponing the British Parliament's extension of the definition of piracy, before 1997, the British statue did not generally define what acts of piracy. In its 1997 Maritime Protection Act, the presidency of the United Nations Convention on the Law of the Sea established maritime law. Later treaties would ban piracy.




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