نویسندگان
1 دانشجوی دوره دکتری، گروه حقوق بین الملل، واحد کرج، دانشگاه آزاد اسلامی، کرج، ایران.
2 نویسنده مسئول، دانشیار گروه روابط بین الملل، واحد کرج، دانشگاه آزاد اسلامی، کرج، ایران.
3 استادیارگروه حقوق بین الملل، واحد کرج، دانشگاه آزاد اسلامی، کرج، ایران.
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
With the expansion of global trade and the increasing dependence of countries on the security of shipping lines, threats such as piracy and maritime terrorism have gained additional importance. These phenomena, which have their roots in the distant past, have emerged today in more complex forms and transnational dimensions, and have presented the international legal order with serious challenges. In this article, using the qualitative analysis method, an attempt has been made to examine the role of states in confronting these threats and the extent of their compliance with the principles and rules of international law. The main focus is on principles such as global jurisdiction, transnational cooperation, and weakness in guaranteeing the implementation of obligations. The research findings show that in the absence of binding mechanisms, a precise definition of maritime terrorism, and legal coordination between countries, effective confrontation with these crimes faces fundamental obstacles. Finally, the article emphasizes the need to strengthen the legal regime for combating maritime crimes, create uniformity in the interpretation of concepts, and promote regional and international cooperation
Introduction
Maritime piracy and terrorism have emerged as significant threats to international security, particularly in critical sea lanes such as the Gulf of Aden and the Somali coast. These acts disrupt global trade, endanger human lives, and challenge the established norms of international law. Despite concerted efforts by states and international organizations like the United Nations, combating piracy and maritime terrorism remains complex due to legal, operational, and jurisdictional limitations. The evolving nature of these threats requires a multidisciplinary approach that integrates international law, security studies, and diplomatic cooperation. This study examines the international legal framework and state responses to piracy and maritime terrorism, emphasizing the role of United Nations Security Council resolutions, state sovereignty, and cooperation mechanisms. The research addresses the gaps in enforcement and the practical challenges faced in the maritime domain, aiming to contribute to the ongoing discourse on enhancing global maritime security and rule of law.
Analytical Framework
This research adopts a mixed analytical framework combining international legal theory and political-security analysis. The core theoretical foundation draws on the principles of state sovereignty, universal jurisdiction, and international cooperation under international maritime law and counter-terrorism regimes. The framework integrates insights from legal scholars on the application of United Nations Security Council resolutions, particularly Resolution 1373, and the customary law governing piracy and terrorism at sea. Additionally, the study uses a political-security lens to analyze operational challenges, including jurisdictional disputes, enforcement limitations, and the roles of regional actors and international naval coalitions. The framework also considers economic and human rights dimensions, addressing the balance between security measures and the protection of fundamental freedoms. This combined approach facilitates a comprehensive understanding of the legal, political, and practical factors shaping counter-piracy and maritime counter-terrorism efforts.
Methodology
The study employs qualitative content analysis of legal texts, UN resolutions, scholarly literature, and case studies on maritime piracy and terrorism.
Discussion and Findings
The research highlights that despite a robust legal framework under the United Nations Convention on the Law of the Sea (UNCLOS) and Security Council resolutions, significant gaps remain in effectively combating maritime piracy and terrorism. Enforcement challenges arise from limited jurisdictional reach, difficulties in arrest and prosecution, and differing national legal standards. The study finds that universal jurisdiction, while conceptually powerful, faces practical constraints due to state sovereignty concerns and inconsistent application by states. The role of the Security Council is pivotal in authorizing collective action, yet political considerations sometimes delay or weaken responses. Regional cooperation, especially among states bordering piracy-prone waters, has improved operational capacity but remains hindered by resource limitations and political distrust. Naval coalitions and private security companies have contributed to reducing attacks, but legal ambiguities regarding the use of force and human rights protections persist. Furthermore, economic sanctions and counter-terrorism laws are employed selectively, impacting the efficiency of maritime security efforts. The research also underscores the evolving tactics of pirates and maritime terrorists, who exploit weak governance and porous borders. Overall, findings emphasize the necessity for harmonized legal standards, enhanced multilateral cooperation, and balanced security strategies that respect international law and human rights.
Conclusion
This study concludes that maritime piracy and terrorism pose complex, multifaceted challenges that transcend national boundaries and legal jurisdictions. The international legal framework provides essential tools for addressing these threats, particularly through UNCLOS provisions and United Nations Security Council resolutions such as 1373. However, effective implementation is often undermined by operational, political, and legal obstacles. Jurisdictional issues and disparities in domestic legal systems complicate arrest, prosecution, and extradition processes, weakening deterrence. The critical role of regional cooperation and international naval presence is affirmed, but sustainable security requires capacity building and trust among coastal states. Private maritime security firms have emerged as important actors, though their activities demand clearer regulation to prevent human rights violations. The study stresses that counter-piracy and maritime counter-terrorism strategies must be holistic, integrating legal, political, and socio-economic dimensions. Additionally, measures should balance robust security enforcement with the protection of human rights and the rule of law to maintain legitimacy and international support. Future efforts should focus on enhancing multilateral legal harmonization, improving intelligence sharing, and supporting governance in vulnerable coastal regions. Ultimately, this research contributes to a nuanced understanding of maritime security challenges and offers policy-relevant insights for governments, international organizations, and legal practitioners committed to safeguarding the global commons against piracy and terrorism
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کلیدواژه‌ها [English]
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