Commentary on the UNCOLS and recent Resolutions

In reality the United Nations Charter on the Laws of the Sea is not a true law as there is no "international law," there is no legal body to back the law and no recourse for those who commit acts against the laws. UN Resolutions 1814, 1816, 1838, 1846, and 1851 call for mutlilateral action from those who have the capabilities to protect the delivery of humanitarian aid shipments and to ensure the safety of commercial maritime routes in the Indian Ocean and the Gulf of Aden. UN Resolution 1851 in particular notes with concern the lack of capacity, domestic legislation, and clarity about how to dispose of pirates after their capture. So the UN has recognized the failure of "International Law" in deterring piracy, however, due to the capacity of the UN not being able to impose or implement laws, the best that they can do it to recommend action. UN Resolution 1851 also calls for a regional mechanism for cooperation for the Somalia/ Gulf of Aden situation, similar to the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (RECAAP) in South East Asia.

Here is a brief clip from a paper the Amanda Paez and I wrote December of 2007

The successes of ReCAAP and the success of Operation Sea Dragon need to be spread throughout other hot spots of piracy across the waters. Networks of maritime countries in Africa need to work together to form some type of network to deter the pirate activities that are taking place on the coast. If the governments of Africa cannot work together, it may be beneficial to countries to develop an operation such as Operation Sea Dragon to protect shippers. Pirates off the coast of Somalia are pirating ships full of humanitarian aid. This aid is essential for the struggling people of Somalia. If concerned nations do not act, this piracy will continue and aid will not reach those in need. The waters off of Somalia will also be a hot spot for transportation terrorist and rouges. It is time for concerned nations to come together and develop a learning- information sharing network off the coast of Africa to help the shipper of cargo and oil be safe and to get aid to those in need.

Hmm, Obama (or Hillary), and time now, I'd appreciate that call!