January 10, 2024

Piracy and Artic Circle

This article is written by Ms. Tanishka Nigam, a 3rd year student of Narsee Monjee Institute of Management Studies, Bangalore.

 

ABSTRACT

This study examines the growing privacy challenges in the Arctic, focusing on emerging threats arising from increased human activities and technological advances. With increased accessibility due to climate change, the study evaluates the intersection of privacy concerns with transportation, resource exploitation, and scientific endeavors. Emphasizing the important role of international law, this study evaluates the legal frameworks governing privacy in the Arctic. Gaps in current regulations are identified and recommendations are made to enhance legal preparedness. The brief emphasizes the urgency of collaborating on these issues, emphasizing the importance of strong international legal mechanisms to protect privacy in the unique context of the Arctic.

 

INTRODUCTION

Acts of piracy threaten maritime security, in particular by endangering the health of seafarers and the security of navigation and trade. These criminal acts can result in death, physical injury or hostage taking of seafarers, significant disruption of commercial and maritime operations, financial losses to shipowners, increased insurance premiums and security costs, increased costs for consumers and manufacturers, as well as damages. in the marine environment. Pirate attacks can have wide-ranging consequences, including blocking humanitarian aid and increasing future shipping costs to affected areas. The Arctic region, long characterized by pristine landscapes and harsh climates, is undergoing unprecedented change as global temperatures rise and ice melts. When the ice recedes, new shipping routes open up, bringing with them opportunities for economic development, resource exploitation and international trade. Traditionally considered an isolated and inhospitable land, the Arctic is now the subject of increasing attention due to its strategic importance and the accessibility afforded by melting ice caps. The economic potential of the Arctic, combined with expanding maritime traffic, creates a favorable environment for illegal activities, including piracy. As global powers vie for control and influence in the region, the need for a comprehensive understanding of the potential impact of piracy on Arctic security becomes paramount. Through an interdisciplinary approach that combines insights from international law, maritime security and environmental studies, this research aims to contribute to an enhanced understanding of Arctic piracy and provide specific recommendations for the legal framework and international cooperation. In doing so, we strive to promote an Arctic region that is safer and more resilient to changing challenges.

 

ARCTIC SHIFTING PARADIGMS

The Arctic is very important in scientific discussions about global change. This happens because the region is changing really quickly, more than most places on Earth. This fast change has been a normal part of the Arctic for a long time. Changes in the Arctic environment are becoming more common, and people are realizing that the Arctic’s ice, frozen ground, and ecosystems are not staying the same. They have already changed and will keep changing because of the climate and other factors. The Arctic Council’s PAME Working Group says that more ships are sailing in the Arctic region. The number of ships grew by 25% from 2013 to 2019, and is still increasing. The main reason is the number of vehicles on the roads in the Russian Arctic. In the past six years, the amount of things moved on the Northern Sea Route went up from 5. 4 million tons to 33 million tons in 2020. Most of the things moved are resources from the Russian Arctic. Because of sanctions and foreign companies leaving, the projects in the Russian Arctic will be delayed. Alternatively, Russia will probably sell more resources to Asian countries to make up for the decrease in sales to Europe, including through the Arctic. In the Arctic, there is not a lot of ships and it is not expected to change much. But there could be more ships in the future because of resources in Alaska and Canada. Sailing through the Northwest Passage would be difficult because there is more ice than in the Northern Sea Route.

 

EMERGING THREATS IN THE ARCTIC

Increasing shipping is dangerous for the oceans, the plants and animals that live there, and the people who live nearby. Ships in the polar regions have special challenges like bad weather, cold temperatures, being far from help, not enough search and rescue teams, communication systems, and navigation aids, and not many navigation maps. Even in the summer, the sea and ice in the north can still harm ships, as shown by many recent accidents, even though the Arctic ice is getting smaller. Because of this, traveling through the Arctic requires the crew to have special knowledge, skills, and experience, and the ships to be built to higher standards. So, because more ships from other places can now reach the polar waters, there is a bigger risk of accidents and problems for ships. Many new ships come to the Arctic using flags from countries with less strict rules. This means they may not follow all the technical and crew standards.

 

PIRACY AS A THREAT TO ARCTIC

Piracy in the Arctic wasn’t as big of a problem as in other places like the Gulf of Aden or the Malacca Strait. However, the Arctic area is changing a lot because of the ice melting from global warming. This has caused more boats and companies to go there to explore and use its resources. These changes could affect how safe the area is. Nevertheless, there has been history of pirates in the arctic region Pirates and Vikings were actually pretty alike. They were mostly motivated by money. It’s not very surprising that many years after the Viking Age, other sailors who were also considered outlaws became important in Northern Europe. These modern Pirates were especially interested in Arctic Norway, where the control of the Kingdom of Denmark-Norway was weaker than in the South. Interestingly, in the past, the area had problems with pirates and small battles during the Middle Ages. This was when sailors from North Norway fought against the Finnic Karelian people and their Russian friends to control the region. These fights went on from the 13th to the 15th century. 

In the past, piracy happened mostly in warm waters and busy ship routes. Now, with less ice in the Arctic, there are new chances for both legal and illegal activities on the sea. Climate change has caused the Arctic ice to melt, which has made it easier for people to do more things in the area. Because of this, there is now more risk of piracy in the Arctic, which threatens shipping routes, resource exploration, and the delicate ecosystems there. The melting of ice has led to opening of new routes one of which is the if the Northern Sea Route. These routes make it rapid for the ships to travel. It has also been noticed that because of these recent phenomena there is no good security in these faraway places, they are at a risk of being attacked by pirates. 

The Arctic has a lot of valuable resources like oil, gas, and minerals that have not been used yet. As countries and businesses compete for these resources, there may be more arguments and possibly robberies to take control of valuable things. The tough conditions in the Arctic and the large area make it hard to set up good ways to keep track of ships and keep the area safe. The lack of oversight allows pirates to operate without much fear of getting caught. This has to be met with security measures to reduce the threat in the Arctic for safe and secure economic travel.

 

INTERNATIONAL LAWS RELATING TO LOOTING PIRACY

International Law is characterized as a collection of regulations and principles that oversee the interactions and behavior of independent nations among themselves, in addition to their dealings with international organizations and individuals. The law of the sea encompasses customary practices, treaties, and international accords that governments employ to establish order and peace on the open sea. The United Nations Convention for the Law of the Sea (UNCLOS) came into force on November 16, 1982, and includes stipulations that govern and manage nations’ assertions over the world’s oceans and seas, along with activities in the maritime sector. 

UNCLOS Article 105 offers a piracy exception, affirming the right of any state to capture a ship or aircraft under pirate control. This action is permissible when the vessel is located on the high seas, within the exclusive economic zone (as per Article 58(2)), or in a location beyond the jurisdiction of any state. The implementation of Article 105 is discretionary, relying on the decisions of national authorities, and it does not necessarily necessitate legislative approval. 

According to UNCLOS Article 87, the high seas are accessible to all states, regardless of whether they have a coastal or landlocked status. The freedom of the high seas encompasses various rights, including the liberty of navigation, overflight, the ability to lay cables and pipelines, establish infrastructure, and the freedom to engage in fishing and research activities. These rights are explicitly defined by this convention and are in accordance with the principles of international law.

The UNCLOS, or United Nations Convention on the Law of the Sea, characterizes piracy as an unlawful occurrence involving acts of violence, detention, or plunder carried out for personal gain by the crew or passengers aboard a private ship or aircraft. Such actions are directed towards other ships, aircraft, individuals, or property on these conveyances and occur on the high seas, beyond the jurisdiction of any state.  

The case of Somali Piracy is one of the landmark case in this respect Piracy in Somalia, with the longest mainland African coastline, emerged in the 1990s, peaking from 2007 to 2012 but drastically declining to only eight cases between 2016 and 2022. Rooted in political instability since Major General Mohammed Siad Barre’s overthrow in 1991, civil war has left Somalia without a stable government, driving displaced refugees to turn to piracy for survival. The UN-supported Transitional Federal Capital lacks control over the capital, Mogadishu, reflecting the broader collapse of the Somali state, as noted by President Abdirahman Mohamud Farole.

The profitability of piracy, a key driver, involves compensating the families of killed pirates and rewarding the first pirate on an enemy ship with double profits. Somali pirates amassed over $163 million by hijacking ships in the Gulf of Aden, gaining local support. Experiencing exponential growth from 2007 to 2012, Somali piracy inflicted substantial global economic losses, ranging from $1 billion to $16 billion annually. Neighboring economies suffered as well, with declines in tourist arrivals and fishing yields since 2005.

Examining the human toll, Somali piracy has led to the capture of 3,741 crew members from 125 nationalities, enduring detentions lasting up to 1,178 days, with potential loss of ninety-seven lives. The April 2009 hijacking of the Maersk Alabama exemplifies the severity, marking the first pirate attack on a U.S.-flagged ship in two centuries. The USS Bainbridge and another U.S. Navy vessel engaged in a three-day standoff, leading Navy SEAL snipers to intervene, killing three pirates and rescuing Captain Richard Phillips. The case underscored the compromising impact of Somali piracy on international security, highlighting the need for a unified global stance against the issue.

 

CONCLUSION

In conclusion, piracy poses a significant threat to maritime security, and the changing dynamics in the Arctic region further amplify these concerns. The Arctic, once considered isolated, is now undergoing unprecedented shifts due to climate change, leading to increased economic opportunities and resource exploration. However, the rising accessibility also creates a favorable environment for illegal activities, including piracy. The economic potential of the Arctic, coupled with expanding maritime traffic, demands a comprehensive understanding of the potential impact of piracy on Arctic security. The case of Somali piracy serves as a stark reminder of the far-reaching consequences of such criminal activities. Rooted in political instability and fueled by financial gain, Somali piracy resulted in global economic losses, disrupted maritime operations, and inflicted significant human costs. The Arctic, with its unique challenges and vulnerabilities, is susceptible to similar threats as shipping activity increases in the region. International laws, such as those outlined in the United Nations Convention on the Law of the Sea (UNCLOS), play a crucial role in addressing piracy. UNCLOS provides provisions for the prosecution of pirates and emphasizes the freedom of navigation for all states, regardless of their coastal or landlocked status. However, the implementation of these laws requires international cooperation and a unified approach to ensure the security and safety of Arctic waters.

As the Arctic continues to experience shifts in environmental conditions and geopolitical dynamics, it is imperative to prioritize the development of a robust legal framework and enhance international cooperation to address emerging threats, including piracy. The interdisciplinary approach employed in this research, combining insights from international law, maritime security, and environmental studies, aims to contribute to a deeper understanding of Arctic piracy and provide specific recommendations for safeguarding the region. In striving for a safer and more resilient Arctic, it is essential for the international community to work collaboratively, recognizing the unique challenges posed by piracy in this evolving and environmentally sensitive region. By implementing effective security measures, promoting international cooperation, and staying vigilant against emerging threats, we can collectively contribute to the protection of Arctic waters and ensure sustainable economic development in the region.

 

REFERENCES

https://www.oxjournal.org/international-law-of-the-sea-modern-environmental-looting-piracy/

https://www.un.org/ruleoflaw/thematic-areas/transnational-threats/piracy/#

  • This article was originally written by Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, United Nations published by un.org the link for the same is herein. https://www.un.org/depts/los/piracy/piracy.htm

 

Featured articles
IPR Laws Applicable to Theater in India – Notes
Basic Intellectual Property Rights for Digital Content Creators
THE DOCTRINE OF PREEMPTIVE DEFENSE: LEGAL IMPLICATIONS AND CONTROVERSIES
SEBI Regulatory framework for IPOs in India
     DEBENTURES – A Brief on Alternative Source of Capital
A study on the principle of separate legal entity and its exception

Related articles

All articles