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Piracy Without the Plank: The Modern Definition of Piracy

Tue, 19 May 2009 01:03:09 GMT

Pop culture would have us believe that all pirates have an eye patch and a trusty parrot with them as they create terror on the high seas. However, it is not the accessories which make a person into a pirate but rather the actions of the person which are defined as piracy by national and international laws.

Acts of piracy have been part of recorded history since at least the times of the Ancient Greeks and Ancient Romans. However, the world enjoyed a decline in piracy after the so called “Golden Age of Piracy” which occurred in the 16^th and 17^th centuries. Yet in recent years, the world has suffered from a resurgence of piracy on the high seas.

How is Piracy Defined?

Not all ship hijackings or acts of terror on the sea are defined as piracy. Different organizations, international laws and national laws define piracy in different ways. Two commonly accepted definitions of piracy include those set out by The International Maritime Bureau and the United Nations Convention on the Law of the Sea. The International Maritime Bureau, which is part of the International Chamber of Commerce, does not have the authority to create binding laws but does provide guidance to countries on the safety of the seas. The International Maritime Bureau outlines very specific criteria that must occur for an act to be considered an act of piracy. Those criteria include:

The pirates must board another vessel;
The pirates must have the intent to steal or commit another crime; and
The pirates must have the intent or capacity to use force in order to commit the crime for which they boarded the vessel;

The definition provided by the United Nations Convention on the Law of the Sea (UNCLOS) is similar and defines piracy, in part, as any act that:

Is illegal and committed for private ends by those on a private ship. The actions must be directed against those on another vessel on the high seas or any waterway outside the jurisdiction of a sovereign nation.

It should be noted that while most countries have ratified the UN Convention on the Law of the Sea, the United States has chosen not to ratify it.

It is important to recognize that most definitions of piracy, including those provided above, require that:

The pirates must have their own vessel nearby and involved in their actions (absent this requirement, the crime of boarding a vessel to commit a crime is considered hijacking and not piracy);
That pirates commit or have the intent to commit illegal acts; and
That pirates must act for private purposes and not for political purposes or on behalf of a nation.

United States Law

United States law permits punishment for the crime of piracy as that term is defined by the “law of nations”. Federal law, 18 USC Section 1651, provides that anyone who is in the United States and who has been found to have committed the crime of piracy as defined by the law of nations shall be imprisoned for life. The law does not define which law of nations should be relied upon when trying a person for the crime of piracy. However, any actions which meet the elements described may be considered to be piracy by a U.S. Court.

Today, pirates exist in places other than Hollywood and children’s imaginations. The actual pirates that exist on the world’s waterways are subject to the anti-piracy laws set forth by international groups and sovereign nations so that together, as a world community, the problem of piracy can be addressed.

Are Finders Keepers Under the Sea? What You Need to Know About Finding Shipwrecked Treasures

Tue, 19 May 2009 01:03:43 GMT

It may seem like a tale of fiction, yet ordinary citizens and organized treasure hunters may discover the riches of underwater treasures. A simple day at sea can turn into an adventure when the remains of a ship wreck are discovered. However, before the discoverers claim the remains of the shipwreck as their own, it is important for the discoverers to understand their rights and responsibilities concerning their discovery.

The Law of Salvage

The law of salvage encourages those on the sea to help one another. Accordingly, a person who helps a vessel that is in trouble is often entitled to a reward for risking his own safety to help his fellow seamen. The law of salvage may apply if there is a vessel in trouble or if a ship is already submerged in the water. The person who discovers the troubled vessel and helps to recover its passengers or contents is known as the salvor. The salvor has the responsibility to surrender the ship and its contents to the vessel’s lawful owner as long as the owner compensates the salvor for his or her actions. If the owner refuses to compensate the salvor then the salvor must surrender the ship or its contents to the United States Marshal and seek a maritime lien against the owner.

The amount of the salvage award is based on several factors including:

· The degree of risk undertaken by the salvor;

· The difficulty of the rescue or recovery operation; and

· The value of the goods and / or vessel that are recovered.

Typically, the salvage award is approximately 10 -25% of the total value of property that the salvor recovers. However, in certain circumstances the percentage of the value awarded to the salvor may be as high as 50% of the total value of property recovered.

The Law of Finds

Sometimes, a different set of laws apply when a shipwreck is discovered. If the shipwreck has been submerged for a period of years during which the vessel’s legal owners have not been actively trying to retrieve its contents then the law of finds may apply.

A discoverer who finds a shipwreck pursuant to the law of finds is entitled to the full value of all of the goods that are recovered. Since the owner of the vessel has given up trying to recover the shipwreck, the discoverer is deemed to have full rights to the content. This is different than the law of salvage which views the discoverer as one who recovers the contents of the shipwreck for the owner and is therefore entitled to a percentage but not all of the value of the goods recovered.

Exceptions to the Law of Finds

The United States passed the Abandoned Shipwrecked Act in 1987. That Act gives title of all shipwrecks within U.S. waters to the United States and not to the discoverer of the shipwreck. U.S. territorial waters extend at least three miles from the coast line. Further, if the remains of a United States or a foreign government’s ship are recovered then the law of finds does not apply since it is generally accepted that governments never abandon the search and recovery efforts for their own vessels.

It can be exciting and profitable to discover a previously hidden treasure under the sea. However, discoverers should be aware of their potential awards and their responsibilities when they uncover a shipwreck treasure.

Will Pirates Pay a Price? Is Prosecution a Rule Threat for Todays Pirates?

Tue, 19 May 2009 01:04:21 GMT

In the late 17^th and early 18^th centuries the world made a concerted effort to end piracy and to allow lawful vessels to move freely among the world’s waterways. Their efforts were largely effective and the threat of pirate attacks decreased significantly. However, in recent years modern day pirates have emerged and are once again creating terror on the high seas.

How Classic Pirates were Defeated by the Law

The heyday of the classic pirates came to rather abrupt end in the 1720s. The end of the pirate era was not due to a sudden change of heart among the pirates but rather due to the concerted efforts of the world. The countries of the world worked together to prevent pirate attacks and to punish the pirates who attacked before those attacks could be prevented. National resources were used to create powerful navies that could protect the high seas and other waterways.

Modern Legal Obstacles to Defeating Piracy

For many years the world enjoyed a lull in pirate activity. While piracy was never fully eradicated, it was not an issue that concerned many seamen. However, since the 1990s, the world has seen resurgence in piracy, albeit not to the levels known to previous generations. While the tactics that worked to relieve the world of the piracy problem several centuries ago are still in place, the coordinated efforts of the different nations could be increased to adequately address the tactics of today’s pirates.

One of the problems encountered by those who wish to fight piracy is determining which law governs the pirates’ actions and which country should have jurisdiction over the suspected pirate. Few countries want to prosecute and sentence a pirate who is encountered in international waters and currently international organizations are unwilling to get involved. Accordingly, many times pirate encounters end in one of two ways. One way of ending a pirate encounter is to disrupt, the pirates’ activities or satisfy their demands for ransom.

The second option is that the pirates are caught, questioned, detained and then brought back to their native country for prosecution. This option is not always possible however. The native country may have known human rights issues which make it difficult for countries which are party to certain international treaties to return prisoners to their native countries. Also, the navy vessel which has the captured pirates may have other business to conduct and it might be impractical and unfeasible for the vessel, or any other vessel in the fleet, to return the pirates to their native country. Finally, there is no guarantee that a trial, much less a fair trial with a just punishment, will occur in the native country.

Therefore, as the world witnesses modern day pirate attacks, the international community must work together to find modern day ways of accomplishing what previous generations were able to accomplish with regard to deterring and prosecuting pirates. Then, seaman will once again be able to travel the world’s water ways without fear of a pirate attack.

Hidden Stories of the Sea: Steps to Take When You Uncover a Shipwreck

Tue, 19 May 2009 01:05:04 GMT

Whether you stumble upon a treasure while scuba diving or you seek to find an abandoned ship, the discovery of a shipwreck is exciting. The contents that are found are the remnants of an ocean journey that went wrong. If the vessel had long ago been abandoned by its owners then the law of finds may apply and the discoverers of the shipwreck may be entitled to its riches. However, those who discover shipwrecks should be aware of the steps that they should take if they are fortunate enough to make a discovery.

Notify the U.S. Authorities

Assuming that the shipwreck has long been abandoned and that the owners of the shipwreck no longer have any claims to the contents buried in the sea, the discoverers of the shipwreck should contact the U.S. Marshal or Coast Guard to notify the government of the discovery.

Determine the Location of the Shipwreck

In 1987, the United States enacted a law called the Abandoned Shipwreck Act. The law was a response to treasure hunters who found and took shipwrecked property off the Coast of the United States and in the Great Lakes. The law clarified that shipwrecks which were embedded in a State’s submerged land or shipwrecks that were located in a State’s submerged land and deemed historical were the property of the State and not of the discoverer. The area which is part of a State’s submerged land varies is a matter of state law and varies from state to state. Many states define their submerged land jurisdiction as extending three nautical miles from the coast line.

If the shipwreck is located within a State’s submerged land and qualifies as state property under the Abandoned Shipwreck Act then the discoverer is not entitled to any of the property that is found unless the State decides otherwise.

If, however, the shipwreck was found outside of the territorial waters of any state then the general maritime rules concerning the discovery of a shipwreck apply and the discoverers may be entitled to keep the contents of the shipwreck.

Be Prepared To Defend Your Claim

Anyone who discovers a shipwreck should be prepared to defend the property that was found in a court of law. For example, if the owners find out that the shipwreck had been discovered then they might try to regain possession of the property that was found. The discoverers need to be prepared to argue that the shipwreck had been abandoned for a period of years and that the owners were not actively trying to recover their loss. If the discoverers cannot prove abandonment then they are unlikely to be legally entitled to the property that was found. Instead the law of salvage would apply and if the discovers are determined to be salvors then they may be entitled to a percentage of the property recovered.

The general rule of finders keepers is one that many underwater discoverers would like to apply and many times they can. However, all underwater discoverers should take the steps outlined above to make sure that they have the legal right to take title to the property found under the water.

Free Admiralty/Maritime Articles | Free Admiralty/Maritime Legal Articles

Piracy Without the Plank: The Modern Definition of Piracy

Are Finders Keepers Under the Sea? What You Need to Know About Finding Shipwrecked Treasures

Will Pirates Pay a Price? Is Prosecution a Rule Threat for Todays Pirates?

Hidden Stories of the Sea: Steps to Take When You Uncover a Shipwreck

Will Pirates Pay a Price? Is Prosecution a Rule Threat for Todays Pirates?