pirates maritime how can an attorney help?

by Dr. Kirstin Schuster PhD 6 min read

An experienced maritime lawyer can help determine whether a victim of piracy is eligible to file a claim under U.S. or other laws and to what extent compensation may be possible.Nov 25, 2011

What actions are legal against pirates for private ships?

Dec 17, 2021 · The experienced maritime attorneys at Spagnoletti Law Firm can help you understand your rights if you or a loved one was a victim of piracy. There are strict and short time limits on making claims related to vessel accidents, so please contact us online or call 713-804-9306 or 877-678-5864 to learn more about your rights.

Is maritime piracy a crime under international law?

Mar 11, 2021 · The experienced maritime attorneys at Spagnoletti Law Firm can help you understand your rights if you or a loved one was a victim of piracy. There are strict and short time limits on making claims related to vessel accidents, so please contact us online or call 713-804-9306 or 877-678-5864 to learn more about your rights.

Can local authorities hold pirates accountable for piracy?

Nov 25, 2011 · An experienced maritime lawyer can help determine whether a victim of piracy is eligible to file a claim under U.S. or other laws and to what extent compensation may be possible. The maritime attorneys of Schechter, Shaffer & Harris, L.L.P., Accident & Injury Lawyers have had success in dealing with cases of maritime piracy.

What are the laws of Admiralty?

May 18, 2020 · But even common legal matters can become complex and stressful. A qualified maritime lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local maritime attorney to discuss your specific legal situation. Additional Maritime Law Articles

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Who can prosecute pirates?

Piracy has a rare position among crimes in the United States. It is actually enshrined in the Constitution. Article 1, Section 8, Clause 10 says Congress shall have power "to define and punish piracies committed on the high seas."Apr 13, 2009

What is a maritime lawyer called?

Admiralty lawyers, also called maritime lawyers, specialize in maritime law which pertains to matters, injuries and events on the navigable waterways and the vessels that travel on them. Admiralty laws are typically determined by the law of the ship's flag (known as the “flag state”).

How do boats defend against pirates?

P-trap concept is a non-lethal system which helps prevent pirates from boarding ships. The system carries thin lines which float at the water level around the sides of the vessel. When pirate skiffs/boats come in contact with the lines, the later gets entangled with the engine and disable the vessel.Dec 21, 2021

Do pirates have rights?

As such, there is universal jurisdiction over piracy on the high seas. Pirates are denied protection of the flag state and all states have the right to seize a pirate ship on the high seas and to prosecute in national courts.

What do maritime lawyers do?

Maritime/Shipping lawyers are attorneys who specialize in the branch of law affecting navigable bodies of water. Their primary focus is on laws relating to all activities on the sea. They represent their clients in cases relating to shipping, the seas, oceans, and other open bodies of water.

Is maritime law a good career?

A successful maritime lawyer will be able to make a big salary, albeit burning the midnight oil. Maritime law refers to many laws of other branches like civil, administrative, criminal, etc. and norms of international public and private law.Mar 30, 2020

What is the best Defence against pirates?

The best defense against a pirate attack is evasion -- it's easier to keep pirates from boarding than to force them to leave. Upon detecting the approach of pirates, a crew should: Call for help and warn other ships in the area. Take evasive action and attempt to out-maneuver the attackers.

Why can't ships shoot at pirates?

Cargo ships don't carry weapons because it is feared this would increase the likelihood of crew members getting killed or injured. Anti-piracy tactics tend to focus on preventing pirates boarding in the first place.Apr 9, 2009

Do pirates still exist?

Today, the pirates can be seen very often in the South and Southeast Asia, the South America and South of Red Sea. They are still masked, dressed differently than the usual people and often very aggressive. There are two types of modern pirates' existence: small-time pirates and organizations of pirates.

Is pirating illegal?

Digital piracy is the act of downloading and or distributing copyrighted material and intellectual property without paying for it. And it is most certainly an illegal act. Digital piracy is a violation of federal copyright laws. It can result in steep fines and imprisonment.

Are pirates real in 2021?

In 2021, there was a decrease of pirate attacks against ships worldwide compared with the previous year. While 195 ships were attacked by pirates in 2020, the number of ships attacked dropped to 132 in 2021.Mar 2, 2022

Did pirates have a code?

A pirate code, pirate articles, or articles of agreement were a code of conduct for governing pirates. A group of sailors, on turning pirate, would draw up their own code or articles, which provided rules for discipline, division of stolen goods, and compensation for injured pirates.

What is maritime piracy?

outside of the 12nm limit of Territorial Waters), whereas robbery occurring within the 12nm limit is treated as a crime of robbery under the laws of the coastal state.

What is a pirate attack?

A pirate attack may include (though not limited to) the following: Use of violence against a vessel or its crew or any attempt to use violence. attempt to board a vessel (where it is suspected that the assailants are pirates) An successful boarding whether control of the vessel was achieved or not.

What are some examples of international law?

Examples include: Iranian forces interfering with legitimate traffic operating around its coastlines.

What is the illegal trade of guns?

Weapons. arms trafficking or gunrunning is the illegal trafficking or smuggling of contraband weapons or ammunition. What constitutes legal trade in firearms varies widely, depending on local and national laws.

What is a definite course alteration towards the craft associated with a rapid increase in speed?

A definite course alteration towards the craft associated with a rapid increase in speed, by the suspect craft, which cannot be described as normal activity in the circumstances.#N#Small craft on the same course and speed for an uncommon time and distance, not in keeping with normal fishing, or other circumstances usual for the area.#N#Sudden changes in course towards the vessel and aggressive behaviour.

What is the closest point of approach?

The closest point of approach (CPA) Observation of unusual equipment for the vessel type, such as ladders, climbing hooks or large fuel quantities. If the vessel is armed more than would be usual for the vessel type in that area. Weapons are fired into the air.

Is maritime piracy a crime?

Maritime Piracy is a crime under international law, although in order to meet the criteria set out by UNCLOS Article 101, the attack needs to occur on the high seas, that is to say, in international waters and not in a country’s Territorial Waters (TTW) are defined by UNCLOS as:

What is maritime law?

Maritime law governs commercial activities that take place on navigable waters, that is, waterways that facilitate interstate or international trade and services. Admiralty law dictates seafaring shipping rules and regulations, for example, so ships and barges carrying cargo must adhere to admiralty rules.

What are the rules of the Admiralty?

Cruise ships registered and flagged to the U.S. are also held to the rules of federal maritime laws . This includes the same rules for passenger safety, liability, and litigation options from the Jones Act. Negligent amenities or services could make ship owners vulnerable to litigation.

What is the Jones Act?

Instead, the Jones Act allows sailors injured within the scope of their employment to potentially sue their employers and crew-mates for personal injuries and negligence. When it comes to protecting merchandise, the carrier is responsible for safeguarding any cargo on its ship for the journey’s duration.

How does location affect laws?

Your location can drastically affect which laws govern your actions. Different states and different countries will have their own rules and penalties for the things they consider legal violations. Even whether you’re on land, in the air, or on the water can determine what kind of laws will apply to you at the time.

Can you get compensation for helping a ship?

Maritime laws can govern certain acts related to salvaging. As a general custom, if you help a distressed or deserted ship, you may be entitled to compensation for your efforts. If you don’t receive any award for your assistance, you may have grounds for placing a lien on the salvaged goods through the U.S. government.

Where are pirates most likely to attack?

Pirate attacks are largely confined to four major areas: the Gulf of Aden, near Somalia and the southern entrance to the Red Sea; the Gulf of Guinea, near Nigeria and the Niger River delta; the Malacca Strait between Indonesia and Malaysia; and off the Indian subcontinent, particularly between India and Sri Lanka. More on:

How did the international community tackle piracy?

The international community has taken a number of steps to tackle piracy since Somali pirates emerged as a threat to international maritime security four years ago. In 2008, the UN Security Council passed a series of measures targeting Somali piracy, culminating in the unanimous approval of U.S.-led Resolution 1851. The move authorized states with navies deployed in the Gulf of Aden to, with the permission of Somalia’s Transitional Federal Government, take action against pirates and armed robbers within Somalia.

What is piracy in Southeast Asia?

In Southeast Asia, piracy has focused on the ransacking of cargo fishing products. While attacks in the South China Sea decreased in 2011, the number of incidents off Indonesia rose for a second consecutive year, according to the IMB.

Where are Somali pirates?

They have moved deeper into the Indian Ocean, off Seychelles and the Maldives, and further south along the East African coast, off Kenya, Madagascar, and Mozambique, the IMB’s 2011 report says.

When did Somali pirates start?

Somali piracy emerged as a potent force shortly after the regime of longtime Somali dictator Major General Mohamed Siad Barre collapsed in 1991. With the absence of any central governing authority, commercial fishing fleets began to exploit the country’s coastline.

What is the GPCs?

The group was tasked with "addressing military and operational coordination, capacity building , judicial issues, shipping self-awareness and public information related to piracy." Along the same lines, since January 2009, nine east African countries have signed the Djibouti Code of Conduct. That agreement was engineered by the UN’s International Maritime Organization, tasked with implementing certain aspects of the 2008 UN resolutions.

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