The Reanimation Of Piracy: Challenges Of Adapting International Law Norms Into Russia’s Legal System

Anton Varfolomeev ()
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Anton Varfolomeev: National Research University Higher School of Economics

HSE Working papers from National Research University Higher School of Economics

Abstract: This study focuses on the dissonance between the definition of piracy in Russia’s Criminal Code (disposition of Article 227) and piracy as defined by international law (Article 101 of the UN Convention on the Law of the Sea, 1982). This can create obstacles in the appropriate qualification of piracy acts and lead to a certain discord between the two (national and international) law systems. At least four areas of possible disagreements were identified: contradictions over a place to commit an act of piracy; over the object of crime; a purpose, and over a crime’s objective aspect. The paper also investigates the potential competitions between jurisdictions, including situations in Russia’s exclusive economic zone and on board a vessel registered at a Russian port.

Keywords: piracy; criminal prosecution; universal jurisdiction; collision of jurisdiction; Russia. (search for similar items in EconPapers)
JEL-codes: K33 (search for similar items in EconPapers)
Pages: 13 pages
Date: 2014
New Economics Papers: this item is included in nep-cis, nep-ipr, nep-pr~, nep-law and nep-tra
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Published in WP BRP Series: Law / LAW, December 2014, pages 1-13

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Persistent link: https://EconPapers.repec.org/RePEc:hig:wpaper:44/law/2014

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