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The Reanimation Of Piracy: Challenges Of Adapting International Law Norms Into Russia’s Legal System

Author

Listed:
  • Anton A. Varfolomeev

    (National Research University Higher School of Economics)

Abstract

This study focuses on the dissonance between the definition of piracy in Russia’s Criminal Code (disposition of Article 227) and piracy as defined by international law (Article 101 of the UN Convention on the Law of the Sea, 1982). This can create obstacles in the appropriate qualification of piracy acts and lead to a certain discord between the two (national and international) law systems. At least four areas of possible disagreements were identified: contradictions over a place to commit an act of piracy; over the object of crime; a purpose, and over a crime’s objective aspect. The paper also investigates the potential competitions between jurisdictions, including situations in Russia’s exclusive economic zone and on board a vessel registered at a Russian port.

Suggested Citation

  • Anton A. Varfolomeev, 2014. "The Reanimation Of Piracy: Challenges Of Adapting International Law Norms Into Russia’s Legal System," HSE Working papers WP BRP 44/LAW/2014, National Research University Higher School of Economics.
    • Handle: RePEc:hig:wpaper:44/law/2014
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    File URL: http://www.hse.ru/data/2015/02/11/1091675171/44LAW2014.pdf
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    More about this item

    Keywords

    piracy; criminal prosecution; universal jurisdiction; collision of jurisdiction; Russia.;
    All these keywords.

    JEL classification:

    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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