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24 hour emergency response +44 20 7283 6999 PIRACY– Current Legal and Practical Considerations October 2012
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UK Arrests first “Pirate”
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Energy Centurion 28 August 2012
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Abu Dhabi Star – 5/6 September 2012
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Gulf of Guinea
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Orfeas – Position – Suspected hijacking 6 th October
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Gulf of Guinea - Statistics
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Attacks/Approaches by month, 2008 to 2012
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Geo Strategic Situation 100 1000 NM 27 regional nations (14 with coastline)3 chokepoins16.8 million km280% of global energy reservesReligious center for 1.5 billion Muslims23.000 ships passing the Gulf of Aden 27 regional nations (14 with coastline)3 chokepoins16.8 million km280% of global energy reservesReligious center for 1.5 billion Muslims23.000 ships passing the Gulf of Aden Two vessels attack 400m out 9 th March
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Rolling average based on last 6 ships released 250 DAYS +
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Average duration by weight SIZE20102011 0- 20k dwt 179 90 20-40k dwt 148 208 40-60k dwt 139 220 60-80k dwt 215 220 80-100k dwt 100+ 216 150 Free Goddess 22k dwt – 231 L Velvet 5.9k dwt – 219 Royal Grace 6.8k dwt - 207
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Target : Time v Price Cant pay Wont pay Can pay
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Smryni – 138 days
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Are they pirates?
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Article 101 Definition of piracy Piracy consists of any of the following acts: (a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed: (i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
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Mavi Marmara
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Fairchem Bogey
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Enrica Lexie
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SUA Convention Article 3 Any person commits an offence if that person unlawfully and intentionally performs an act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship; or injures or kills any person, in connection with the commission or the attempted commission of any of the offences set forth in subparagraphs (a) to (f).
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Enrice Lexie - Jurisdiction Who has jurisdiction? Status of Forces Agreement State Immunity European Convention on Human Rights
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Ransom is it legal ? Masefield v Amlin (2010) –Looked at whether ransom was contrary to public policy International Ransom Task Force
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ARMED GUARDS Intro Shifting position of governments Licensing and Permits Choosing the Security Company –ISO 28007 Legal Issues Guardcon –Rules for the Use of Force
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Floating armouies
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Guardcon New BIMCO contract Published 26th March Multiple and single transits
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Master’s Authority and Division of Responsibilities Clause 8 - Master has ultimate authority and overall command - Team Leader invokes Rules for the Use of Force - Individual responsibility for any decision taken on the use of force - Reinforces Master’s right to order a cease fire - Self defence in accordance with applicable laws is preserved.
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