Challenges in the Era of Globalization - iaabd

Proceedings of the 12th Annual Conference © 2011 IAABD
vessels along the GOA and ECS. There have been instances where pirates have been apprehended by
naval forces but subsequently released due to the domestic laws of the naval countries. For example, both
Denmark and Germany can only prosecute pirates if they threatened the national interests or their citizens.
Similarly, under French law a ship captain can apprehend and hold pirates but only a French judicial
authority can arrest and detain them (Middleton 2009, 4). The result is that some states due to limitations
posed by their domestic laws are releasing captured pirates or outsourcing their prosecution to Kenya. For
instance, the United States, UK and the European Union have signed memorandums of understanding
with Kenya to prosecute captured pirates in Kenya. Although Somalia is a failed state and lacks the power
to control its territorial waters, and the legal system to prosecute pirates, the current resolutions by the
UNSC would further undermine its efforts to control its waters and assert its territorial sovereignty.
Conclusion
It has been the task of this paper to examine the explanations for the causes of piracy and armed robbery
attacks on vessels in GOA and ECS. Piracy is a universal crime which in recent years has accentuated in
numbers and in the wanton ransom taking of ship crews. Since 2008, the GOA and ECS have seen an
unprecedented rise in piratical activities. In fact, understanding the causes and ramifications of this
nefarious act lie not only in cycle theory but more critically on an eclectic analysis of the structure and
nature of the Somali state which has collapsed since the 1990s. Somalia has been ravaged by internecine
civil strife among the various warlord, characterized by lack of an effective central government, chronic
poverty and the existence of enabling conditions which support piracy. These conditions have created the
“push” and “pull” factors which help us to understand the rise of piracy in the region.
An overwhelming proportion of global commerce is carried on high seas which crisscross the earth. The
Horn of Africa provides an essential hub for global trade. The infestation of the high seas in GOA and
ECS has significant implications for international trade supply chain in terms of costs of ransom,
rerouting, insurance premiums, security equipment, anti-piracy naval flotilla, and prosecutions of
captured pirates. This paper therefore, enriches our understanding of this complex problem and that
impacts it brings to bear.
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