Maritime Piracy and Transnational Criminal Organizations
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Seen by:Insurance, climate change, and the creation of geographies of uncertainty in the Indian Ocean Region
Journal of the Indian Ocean Region, vol. 2(6), 239-251.
This article is a geopolitical-biopolitical interrogation of the global insurance discourse in relation to climate... more This article is a geopolitical-biopolitical interrogation of the global insurance discourse in relation to climate change. Based on two general assumptions made by the insurance industry, namely that the ‘Global South’ remains uninsured, and that insurance is the technology for coping with environmental risk, it is argued that a risk management insurantial imaginary is effecting a globalisation of spaces of liberal security. As a result, the globalisation of a rationality of governing uncertainty through insurance aligns ‘other’ non-Western ways of being in the world with a Western financial capitalist rationality of governance. The argument is explored in relation to the Global South and is illustrated through the case of parametric rain insurance in Ethiopia.
Le misure di prevenzione del terrorismo e dei traffici criminosi internazionali ("The Measures of Prevention of International Terrorism and Criminal Trafficking")
Versione definitiva in italiano della mia tesi di dottorato. Vietata ogni distribuzione o riproduzione non autorizzata (Final italian version of my Ph.D. dissertation. Do not distribute or copy without permission)
Università degli Studi di Trento (University of Trento)
Relatore (Tutor/Supervisor): Prof. Silvio Riondato
Obiettivo della presente ricerca è stata la ricognizione, la sistematizzazione e la critica delle misure di... more
Obiettivo della presente ricerca è stata la ricognizione, la sistematizzazione e la critica delle misure di prevenzione negative praeter delictum del crimine globale previste dal diritto internazionale e sovranazionale. Si è cercato di adottare un metodo rispondente al carattere, appunto, globale della materia, nonché all’esigenza di offrirne una lettura sistematica universale. In questo senso, si è fatto largo uso della comparazione giuridica, al fine di individuare principi, categorie e prassi comuni, con cui interpretare anche il diritto internazionale e sovranazionale.
Il lavoro si è strutturato in quattro parti. Nella prima si è introdotto il problema della possibile confusione fra pene e misure preventive predelittuali, che, applicate senza idonee garanzie di certezza legale, si prestano a fungere da pene del mero sospetto. Nella seconda parte si è affrontata l’evoluzione della prevenzione negli ordinamenti contemporanei, con particolare riferimento all’impiego di misure negative da parte del potere politico in tempi di emergenza. Nella terza parte sono state esaminate, in un quadro d’insieme, le esperienze e le categorie maturate da vari ordinamenti nazionali in materia di prevenzione. Nell’ultima parte si è cercato di interpretare alla luce di tali strumenti i modelli di prevenzione di diritto internazionale e sovranazionale.
All’esito della nostra ricerca è emerso come il ricorso a misure di prevenzione negativa praeter delictum sia prerogativa comune ad ogni ordinamento giuridico, se non altro nei casi in cui vengano meno l’efficacia deterrente della pena e l’efficacia di interventi di prevenzione positiva. In certi paesi tali misure sono uno strumento ordinario di lotta alla criminalità pur sempre riconducibili ai principi garantistici del diritto penale, in altri contesti esse vengono usate quali misure eccezionali o di guerra, in una concezione utilitaristica che, in nome della ragione politica, tende a giustificare indiscriminati sacrifici delle libertà e dei diritti individuali, come la tortura e i “targeted killings”.
Nonostante alcuni significativi interventi della Corte di Giustizia dell’Unione europea, la disciplina delle misure negative adottate dagli ordinamenti internazionali e sovranazionali risulta ancora troppo legata a logiche politiche e troppo svincolata da principi e garanzie in grado di tutelare, quanto meno, un nucleo inderogabile di diritti e libertà fondamentali.
The Political Economy of Plunder: Economic Opportunity and Modern Piracy
Maritime piracy is a growing scourge on the international community—imposing large costs on maritime states and... more Maritime piracy is a growing scourge on the international community—imposing large costs on maritime states and industries, as well as potentially undermining state capacity and funding terrorism. Using original data on over three thousand pirate attacks, we argue that these attacks are, in part, a response to poor labor market opportunities. To establish this, we take advantage of the strong effect of commodity prices on labor market opportunities in piracy-prone states. Consistent with our theory, we show that changes in the price of labor and capital-intensive commodities have consistent and strong effects on the number of pirate attacks in a country’s territorial waters each month. We confirm these results by instrumenting for commodity prices using monthly precipitation levels.
On the Purposes of Legality and its Applicability to International Law
Book Review: Kenneth S. Gallant, The Principle of Legality in International and Comparative Criminal Law (Cambridge:... more Book Review: Kenneth S. Gallant, The Principle of Legality in International and Comparative Criminal Law (Cambridge: Cambridge University Press, 2009), 632 pp. £64.00 (Hardback) ISBN 978-0-52-188648-2
Why is US defence spending still at Cold War levels despite the dissolution of the Soviet Union?
by Owais Rajput
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Seen by:Drops in the bucket? A Review of Onshore Responses to Somali Piracy
in WMU Journal of Maritime Affairs, Special Issue on ‘Piracy at Sea’, edited by Sam P. Menefee and Max Meija, 2012. DOI: 10.1007/s13437-012-0022-5
That piracy needs to be addressed onshore is a widely shared assumption. While the majority of counter-piracy measures... more That piracy needs to be addressed onshore is a widely shared assumption. While the majority of counter-piracy measures focus on the sea, a number of onshore counter-piracy initiatives have been launched. We can observe the seeds of an alternative land-based policy approach. One set of land-based programs aims at strengthening the legal and security state apparatus to better deter and punish pirates. The other set of programs aims at addressing local populations on the clan, sub-clan and village level. Such projects aim at increasing surveillance, sensitizing populations for the consequences of piracy and providing rehabilitation or alternative livelihood opportunities. In this article I review the latter type of projects and discuss the promises and difficulties of addressing piracy by such measures. I discuss five major problems: knowledge problems, implementation problems, counter-intuitive consequences, tensions towards other parts of counter-piracy strategy, and the securitization of aid. on to piracy.
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Seen by:Year of the Arab Uprising: Impact on Southeast Asia
Thursday, December 1, 2011
Year of the Arab Uprising: Impact on Southeast Asia
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RSIS... more
Thursday, December 1, 2011
Year of the Arab Uprising: Impact on Southeast Asia
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RSIS presents the following commentary Year of the Arab Uprising: Impact on Southeast Asia by James M. Dorsey. It is also available online at this link. (To print it, click on this link.). Kindly forward any comments or feedback to the Editor RSIS Commentaries, at RSISPublication@ntu.edu.sg
By James M. Dorsey
Synopsis
The popular revolts sweeping the Middle East and North Africa are part of a global demand for political openness and transparency. Southeast Asia has so far proven adept in its response but has yet to address fundamental issues.
Commentary
TUNISIAN STREET vendor Mohamed Bouazizi’s self-immolation was not simply a cry for justice, freedom and economic opportunity. It was an act of desperation in the face of humiliation, a cry for dignity that resonated with the masses across North Africa and the Middle East.
Bouazizi's death sparked a move to end not just the yoke of tyranny but of neo-patriarchic rule in which the autocratic father figure replicates himself throughout society from head of state to village chief to the head of the nuclear family. The system franchised authoritarian rule. As a result Bouazizi’s cry for dignity was and is a quest for citizenship rather than guardianship, for legitimate authority, transparency and ultimately true sovereignty.
Arguably, more than anything else, Bouazizi’s cry integrated the relatively inward-looking region from Morocco to the Gulf into a globalised world. The region became part of a global trend and in some ways its most resilient, poised to rewrite political geography. The demand for openness and transparency, fuelled by a perceived failure of existing institutions, manifests itself in different ways in different parts of the world. In the West it's
Occupy Wall Street. In the Middle East and North Africa, pushing for greater transparency often meant violence to change ossified dictatorships incapable of accommodation of people's aspirations and reform.
Southeast Asia not immune
Southeast Asia has not been immune to the global trend. Nonetheless, to suggest that the Arab Spring would spark a counterpart uprising in Southeast Asia would be far-fetched. Southeast Asia was already confronting calls for change before the Arab revolt erupted and the impact of the trend in Southeast Asia is evident.
Myanmar has cautiously relaxed strict government control, Malaysia responded to sharp criticism of the police by repealing two sweeping security laws and lifting restrictions on the media and Thai voters returned to power the party of deposed premier Thaksin Shinawatra, a victory for his red-shirted supporters involved in bloody clashes with the military last year. In doing so, Southeast Asian governments have proven to be far more attuned than their Middle Eastern and North African counterparts to what was happening around them and have displayed a greater deal of vision and flexibility. Nonetheless, they will also require forward planning.
Ensuring energy security
When, rather than if, the Arab uprising inevitably spreads to the Gulf, Southeast Asian nations will have to define the risk to their energy security and develop alternatives in case of a disruption in oil and gas supplies as well as increase their focus on alternative energy options. Some, like the Philippines, will also have to deal with the impact of large numbers of migrant workers returning home to escape erupting turmoil.
Non-oil producing Southeast Asian nations like Singapore, Thailand and the Philippines depend on the Middle East for 70 percent of their oil and gas imports.
In addition, Southeast Asia and the Middle East are crucial links in a seaborne commerce conveyor belt that runs from the Gulf to the Pacific. If the Straits of Malacca and Singapore were seen until now as potentially risky maritime choke points, today it is the Strait of Hormuz in the Gulf and Bab el Mandeb between Somalia and Yemen that are more vulnerable.
Asia would be most affected if shipping particularly through the Straits of Hormuz were to be interrupted. The United States gets 22 percent of its oil from the Gulf, Europe about 30 percent but Asia all of 75 percent, which makes Asia having the most at stake in terms of energy security.
Southeast Asia’s strategic advantage
Almost a year into the Arab revolt, the Middle East and North Africa region is looking at up to a decade of volatility, uncertainty and bloodshed. The region may be the part of the world where resistance to change will prove to be most adamant with consequences far beyond its borders.
Southeast Asian nations, unlike those in the Middle East and North Africa, with few exceptions have demonstrated an ability to respond to demands for openness and transparency and sought to restore confidence in institutions in ways that do not escalate tensions. Nonetheless, steps taken by Southeast Asian government are likely to prove insufficient. Those steps are by and large designed to remove immediate lightning rods and release pent-up frustration but often do not really address basic grievances, among which corruption figures prominently.
A majority of Southeast Asian governments, unlike their Middle Eastern and North African counterparts, enjoy varying degrees of popularity and legitimacy. To the extent that there is a desire for change, it is a desire to effect change with the government, not in spite of it. That is an asset few Middle Eastern rulers can claim. However to maintain that strategic advantage, Southeast Asian nations will have to develop enlightened, proactive policies that go beyond removing immediate irritants and address real concerns.
James M. Dorsey is a senior fellow at the S. Rajaratnam School of International Studies at Nanyang Technological University in Singapore and the author of the blog, The Turbulent World of Middle East Soccer.
Elephants Chasing Ants: Counter-piracy operations and the failure of strategy in the Gulf of Aden
by Andy Young
Draft Copy
Currently, there are over 30 Warships from more than 16 Nations undertaking counter-piracy operations in the Gulf of... more Currently, there are over 30 Warships from more than 16 Nations undertaking counter-piracy operations in the Gulf of Aden (GoA). Yet, despite the disparity of force betwen these ultra-modern high tech vessels and the low-tech criminals, piracy remains a thriving business venture. Only by focussing on the root causes of piracy can the international community deal efectively with these maritime guerillas who are truly the 'enemies of all mankind'.
Strategische Fehler der Pirateriebekaempfung. Somalia, Peacebuilding und die Notwendigkeit einer umfassenden Strategie (in German).
co-authored with Jan Stockbruegger and Sascha Werthes, in INEF Report 2011/104, Duisburg: Institut fur Entwicklung und Frieden
The current strategy of the International Community to deal with Somali piracy runs the risk of failing. By analyzing... more The current strategy of the International Community to deal with Somali piracy runs the risk of failing. By analyzing the current attempts in countering piracy the authors come to the conclusion that one of the fundamental strategic problems is the present narrow-minded focus on deterrence and containment. Alternative (eventually even unconventional) considerations are necessary to complement and enhance strategic thinking in this regard. To understand piracy as a challenge of peacebuilding offers such a possibility to rethink the current strategic perspective and to develop a more comprehensive strategy for countering piracy. In developing and exploring five alternative policy scenarios the authors show how a peacebuilding perspective might enhance and supplement present strategic thinking. By arguing to understand piracy as a ‘wicked problem’ they illustrate the key elements of pursuing sustainability and efficacy in dealing with Somali piracy

