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9 Indonesian J. Int'l L. 465 (2011-2012)
The ASEAN Way towards Piracy Challenge

handle is hein.journals/indjil9 and id is 495 raw text is: 






The   ASEAN Way towards Piracy ChaRenge


         Ikaningtyas and Patricia Audrey Ruslijanto*


    Piracy is a universal crime that needs to be combated by al nations. International efforts have been
    done for many years in order to suppress growth ofpiracyfor international maritime security, which
    resulted in provisions concerning piracy within United Nations Convention on the Law of the Sea. It
    refers piracy as a crime taking place on high seas. In addition, International Maritime Organization
    also attempts to widen the defmiion of piracy. Even so, tackling piracy requires more than just a
    commitment ofinentational community to define the tera. Efforts must also be conductedby regional
    communnty to make them more effective. especially with theirnational legal instnment. Association of
    SoutheastAsian Nations (ASEAN) as the regional organization in SoutheastAsia region has sought to
    better cooperation among the members bringing the si behaviora principles laid in Treaty ofAmity
    and Cooperation 1976 and also ASEAN Charter 2007for the purpose of eliminating piracy within
    their region. Unfortunately, piracy is manfestly not easy to be eradicated in realit This paper tries
    to identify and anadyze the challenges that underlie ASEAN efforts to solve the piracy problem within
    the region.

Keywords:   piracy, universal crime, United Nations Convention on the Law of the
            Sea, ASEAN  Community


I.  Introduction

    Pirata   est hostis generis  human which means piracy is a crime
of  mankind   is a term  that  had  been  recognized   by  world  community,
The   existence  of piracy  has  been  recognized long time ago specially
related  with  the robbery  effort  that happened   in water  area. The   latest
happenings of Somali's piracy over Indonesian vessel by taking its
crew   as hostage   for  an  exchange   of  huge   ransom   from  .,idonesia's
government and Strait Malacca piracy have triggered world community
attention  to realize that pirate's territory has  no  boundaries   to excurse
their action.
    Many   aspects  have  entailed  the problem   of the  existence  of piracy,
from  the  old time  tales of pirates  to rule over  the ocean   to the excuse
of  defending   their environment problem such as: illegal fishing and
tremendous erosion of fish stocks severely constrained the ability of

* Writers are lecturers in International Law Department Faculty of Law, Brawijaya
University.


Volume  9 Number 3 April 2012


465

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