Squashing the skull and bones: reforming the international anti-piracy regime.

Blackbeard and Bluebeard are names that evoke an era long since passed. Their successors, however, continue to terrorize the seas today. Rather than disappearing, piracy has actually become more advanced and dangerous over the past several centuries. Piracy currently poses a direct threat to trading ships, which carry about 90 percent of the world's cargo, according to the International Maritime Organization (IMO).

[ILLUSTRATION OMITTED]

Though past studies seem to demonstrate a decline in piracy beginning in 2004, 2007 data show a possible turnaround. The International Maritime Bureau (IMB), which runs the world's only comprehensive piracy-reporting center, received 198 reports of successful or attempted pirate attacks in the first three quarters of 2007, constituting a 14 percent increase from the same period in 2006. The IMB estimates that thousands of pirate attacks go unreported, making piracy a much more serious issue than it may appear.

Some nations that find themselves plagued by piracy, such as those in Southeast Asia, are attempting to respond to this problem. Other nations, such as the United States, which do not face the direct threat of piracy themselves, have attempted to provide military aid. However, these actions have been limited in scope because they are the responses of individual nations. Though the IMO is supposed to enforce laws on the high seas, it has been slow to develop an effective piracy policy. In light of the fact that piracy remains an on-going threat to international shipping companies and local fishermen around the world, the international community and the United Nations must increase their collective response. This response should include a redefinition of piracy by the UN, increased high-seas patrols by multinational naval forces, and more regional cooperation in high-risk areas.

Hazardous Zones

In order to combat piracy, the international community must first identify the riskiest areas. Piracy often occurs in places where there is a lack of law enforcement on the seas, where there is excessive poverty, and where there is resentment of commercially-successful vessels. The oceans off of Somalia in East Africa and Nigeria in West Africa fulfill these three criteria and are some of the most volatile and dangerous seas in the world, according to the IMB. The government of Somalia is currently a transitional body installed by the United Nations and is still fighting for control of the country. Thus, it lacks the authority to effectively combat piracy. As a result, piracy in the region has escalated tremendously in the past year, especially since many boats must sail near Somalia as they exit the Red Sea. In October 2007, pirates hijacked the Japanese owned, Panamanian-flagged Golden Nori off of the coast of Somalia and held the crew hostage until receiving a ransom. Though nations including the United States and France have sent patrol ships to the region, there are not enough ships to cover the entire area.

Still, the presence of US patrol ships has created marginal gains. The US Navy was able to come to the aid of a North Korean-flagged ship that was attacked by pirates in November 2007--an event with the potential to provide a foundation for better relations between the two countries. Despite this successful attempt to ward off pirates in East African seas, thousands of pirates continue to terrorize the region, and the West African coasts are almost as treacherous.

Historically, Southeast Asia has been a hotspot for pirate activity. This is particularly true in the waters around the Malacca Straits, through which about one-third of world trade and about half of world oil supplies pass. However, the region has recently witnessed a decrease in its share of pirate activity. The 2006 creation of the Regional Cooperation Agreement on Combating Piracy and Armed Robbery Against Ships in Asia (ReCAAP) may be partially responsible for the decline in both the number and the seriousness of attacks in the region. ReCAAP increased regional patrols and developed the first regional full-staff anti-piracy center in Southeast Asia.

Despite these measures, the IMB continues to cite Indonesian waters in particular as being extremely hazardous. Many nations in the region possess relatively small and weak navies, but some like Indonesia and Malaysia refuse to allow international forces into their waters, though they do accept technological aid. Singapore is the exception to this attitude; it has been attempting to work with the United States through the United States-Singapore Free Trade Agreement (USSFTA) to strengthen security, though the details are currently vague. It remains to be seen if bilateral agreements with military powers can help stem piracy. Southeast Asian countries also often disagree over patrol boundaries, and, because they compete with each other economically and strategically, they lack a strong foundation of trust, which impedes cooperation. Until they are able increase regional trust and accept aid, Thailand, Singapore, Indonesia, Malaysia, and the other countries of Southeast Asia, face a threat of piracy that is far from obsolete.

Why it is Worth Fighting Piracy

Piracy severely impacts domestic economies, the international economy, and political stability. Disruption of the fishing industry harms local economies and leaves people more susceptible to further impoverishment. As pirate attacks worsen, states that do not effectively combat pirates lose their international reputations--companies are less likely to send their vessels both near these countries' territorial waters and into their ports, and the lack of government protection decreases prospects for foreign direct investment and trade, which in turn causes the economies of pirate-plagued nations to suffer. Furthermore, pirates often use the money they obtain to arm rebel groups in the region. Recent evidence shows that Somali pirates often operate in league with local warlords or clans. In this way, the activity can become a direct threat to governmental stability.

Pirates operate successfully at the expense of the broader international economy. The loss of goods which were meant to be traded between two countries not only harms the countries themselves, but also provides a disincentive to companies wishing to ship their goods across international borders. This in turn can affect global economic activity. In this way, piracy could actively hinder the economic development of the world and reduce the benefits of globalization for developing and developed countries.

Still further, some of the vessels of international commerce carry hazardous materials (for example, the Golden Nori was a chemical tanker). In this way, piracy poses a potential threat to international security. Western nations that themselves face few dangers have a strong incentive to become more involved in piracy disruption due to possible environmental hazards. Some might even see piracy prevention as a part of the US' War on Terror. Though sea terrorism has been rare thus far, one successful serious incident could paralyze sea lanes and harm international trade.

[ILLUSTRATION OMITTED]

Flaws in the System

Many efforts to deal with piracy in the past have proven inconclusive. The reality is that combating piracy is an extremely problematic and complex issue.

First, piracy is unpredictable and data is often inaccurate, meaning that anti-piracy efforts cannot always find their targets. Even though piracy-reporting is not a terribly difficult process, some rural fishermen lack the knowledge and technological connections to report attacks. Moreover, fishermen or shipping companies may choose not to report attacks. Fisherman may take this option if they are attacked while fishing in illegal zones. This issue is a particular problem in Southeast Asia, where many fishing zones are restricted by government regulations for ecological protection. While these regulated zones certainly play an important role in environmental protection, Southeast Asian nations might gain more accurate piracy data by decreasing penalties on fishermen who report attacks. Finally, shipping companies may not report incidents because they fear that their rates will increase if insurance companies believe that they are sailing on risky seas. These barriers to obtaining accurate data on piracy act significantly hinder effective enforcement.

Individual nations and regions also have difficulty dealing with the issue on their own. Few countries in the world have navies powerful enough to combat piracy alone; in order to increase sea patrols, they require larger, more effective navies as well as better technology. Several technological innovations are available that enable nations to track the positions of ships and pirates in the area. However, this technology is expensive, and many of the nations that fall prey to frequent pirate attacks simply do not have the necessary funds to purchase such equipment. Furthermore, even if they had the money, some nations, namely unstable ones like Somalia, lack the state capacity to utilize the technology effectively because their law enforcement officials have no legitimacy. Therefore, anti-piracy efforts rely on naval aid from foreign nations with an interest in securing their merchant ships from harm.