Rascals, Scoundrels, Villains, and Knaves: The Evolution of the Law of Piracy from Ancient Times to the Present*

Abstract

AbstractThis paper begins by tracking the history of piracy from Greek and Roman times, to the Golden Age of piracy, into modern day. It also looks at the motivations for becoming a pirate and the “piracy cycle.” The paper then moves into a discussion of how piracy has influenced the law, such as its impact on Universal Jurisdiction and international treaties like the UN Convention on the Law of the Sea; however, a stable definition of what constitutes “piracy” has become troublesome, even with the abundance of legal sources related to the subject. The paper then moves into a discussion of three US court cases dealing with the issue of piracy: the first from the Golden Age of piracy, the second in the early part of this century showing how piracy is not always prosecuted in the traditional sense, and finally with the case of the famous pirate the US Navy SEALS captured during the rescue of Captain Richard Phillips of the Maersk Alabama. Finally, the paper concludes the discussion using the modern day situation of Somalia to show how the “piracy cycle” is still capable of explaining what draws people to piracy, how that particular situation has been combated by the international community, and how neighboring countries, like Kenya, are using their own court systems to the advantage of the rest of the world.