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학술논문해사법연구2016.11 발행

In the absence of the domestication of other maritime instruments, can Nigeria suppress piracy off its coast through the instrumentality of the ISPS Code?

In the absence of the domestication of other maritime instruments, can Nigeria suppress piracy off its coast through the instrumentality of the ISPS Code?

Kalu Kingsley Anele(Nigerian Institute of Advanced Legal Studies (NIALS), Lagos.)

28권 3호, 205~274쪽

초록

Consequent upon the grave implications of piracy, it is trite that the implementation of relevant maritime security instruments is one of the major mechanisms in suppressing piratical acts. More importantly, such instruments should enhance the prevention and encourage the repelling of piratical attacks against vessels as well as provide a platform for introducing and enforcing other mechanisms to counter piracy. And it is imperative to highlight that the nature of the Nigerian piracy involves territorial interface: the port and its surroundings, the country’s coast, and the high seas; which warrants the introduction and use of a legal regime that encapsulates these circumstances. Against this backdrop, the International Ship and Port Facilities Security Code introduces a regime that is applicable across maritime zones in preventing and overcoming insecurity as a result of piracy by apportioning roles to the stakeholders in the maritime sector. In view of that, this paper explores the use of the code to combat piracy off the coast of Nigeria, in addition, for the purpose of global anti-piracy. The paper argues that the effective and comprehensive implementation of the code reduces the vulnerability of vessels to piratical attack, enhances assessment and evaluation of piracy risks as well as strengthens capacity building in repelling piratical acts, among others, thereby reducing the incidence of piracy off the Nigerian coast.

Abstract

Consequent upon the grave implications of piracy, it is trite that the implementation of relevant maritime security instruments is one of the major mechanisms in suppressing piratical acts. More importantly, such instruments should enhance the prevention and encourage the repelling of piratical attacks against vessels as well as provide a platform for introducing and enforcing other mechanisms to counter piracy. And it is imperative to highlight that the nature of the Nigerian piracy involves territorial interface: the port and its surroundings, the country’s coast, and the high seas; which warrants the introduction and use of a legal regime that encapsulates these circumstances. Against this backdrop, the International Ship and Port Facilities Security Code introduces a regime that is applicable across maritime zones in preventing and overcoming insecurity as a result of piracy by apportioning roles to the stakeholders in the maritime sector. In view of that, this paper explores the use of the code to combat piracy off the coast of Nigeria, in addition, for the purpose of global anti-piracy. The paper argues that the effective and comprehensive implementation of the code reduces the vulnerability of vessels to piratical attack, enhances assessment and evaluation of piracy risks as well as strengthens capacity building in repelling piratical acts, among others, thereby reducing the incidence of piracy off the Nigerian coast.

발행기관:
한국해사법학회
DOI:
http://dx.doi.org/10.14443/kimlaw.2016.28.3.9
분류:
법학

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In the absence of the domestication of other maritime instruments, can Nigeria suppress piracy off its coast through the instrumentality of the ISPS Code? | 해사법연구 2016 | AskLaw | 애스크로 AI