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PIRATES ON THE HIGH SEAS: AN INSTITUTIONAL RESPONSE TO EXPANDING U.S. JURISDICTION IN TROUBLED WATERS.
- Source :
-
Boston University International Law Journal . Spring2020, Vol. 38 Issue 1, p75-117. 43p. - Publication Year :
- 2020
-
Abstract
- Collective efforts among governments and regional organizations is a vital part of the fight against piracy that represents a security threat to all nationstates with respect to freedom to navigate the high seas. This paper provides a concise overview of piracy, contemporary maritime drug laws, and cases among the circuit courts to illustrate the procedural concerns that affect fundamental constitutional principles of jurisdiction. A possible solution to existing substantive and procedural due process issues is establishment of a regional judicial institution with broad powers to preside over criminal prosecutions that include maritime crimes. The suggestion may be a viable means to resolve some concerns with respect to jurisdictional principles, regional stability, and the need for a comprehensive, coordinated response within the Western Hemisphere. Establishing a tribunal to preside over enforcement practices alleviates dependency on the existing legal framework that may not fully resolve jurisdictional issues associated with maritime drug trafficking. In addition, a regional tribunal minimizes the need for the United States to function as the only viable, sovereign nation-state in the Americas to ensure that pirates engaged in illicit trades are not roaming the high seas with impunity. [ABSTRACT FROM AUTHOR]
- Subjects :
- *REGIONALISM (International organization)
*DRUG laws
*JURISDICTION
*DRUG traffic
Subjects
Details
- Language :
- English
- ISSN :
- 07378947
- Volume :
- 38
- Issue :
- 1
- Database :
- Academic Search Index
- Journal :
- Boston University International Law Journal
- Publication Type :
- Academic Journal
- Accession number :
- 145528117