Efficiency Of Private Maritime Security Companies In Combating Piracy

Aditya Bhatnagar, B.A. LL.B. (Hons.), School of Law, Raffles University, Neemrana, Rajasthan

ABSTRACT

Since the seafaring days began, in one form or the other, there existed an idea of piracy, due to lack of jurisdiction and enforceability of laws in the seas. The first reported piracy can be traced back to 1400 BCE and it has not spared us since, even after thousands of years today. Through the present paper, the author has tried to analyse the cause, emergence, rise and universal acceptance of the Private Maritime Securities Companies (PMSCs) and Privately Contracted Armed Security Personnel (PCASP) in combating piracy and armed robberies at sea, the legal framework surrounding them, the legal pitfalls in governing them and the very way ahead. The author has used the doctrinal method of research to find out the shortcomings of the world governments, militaries, legislators, international conventions and treaties in dealing with piracy and analysed how these inadequacies have resulted in the emergence and rise of the Private Maritime Security Companies as an organized sector. The author has also tried to analyse the international and national legal frameworks surrounding the legality of the PMSCs and how regulating them properly seems to be the only way ahead in dealing with piracy and armed robberies at sea.

Keywords: Maritime Security, Maritime Safety, Piracy, UNCLOS, Private Maritime Securities Companies (PMSC), Privately Contracted Armed Security Personnel (PCASP), Legal Framework