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48 Geo. J. Int'l L. 873 (2016-2017)
Floating Armories: A Legal Grey Area in Arms Trade and the Law of the Sea

handle is hein.journals/geojintl48 and id is 881 raw text is: 






  FLOATING ARMORIES: A LEGAL GREY AREA IN
       ARMS TRADE AND THE LAW OF THE SEA


                           By ALEXIS WILPON*

                               ABSTRACT

   In response to maritime piracy concerns, shippers often hire armed guards to
protect their ships. However, due to national and international laws regarding
arms trade, ships are often unable to dock in foreign ports with weapons and
ammunition. As a response, floating armories operate as weapons and ammuni-
tion storage facilities in international waters. By operating solely in interna-
tional waters, floating armories avoid national and international laws regard-
ing arms trade. However, there is a significant lack of regulations governing
floating armories, and this leads to serious safety concerns including lack of
standardized weapon storage, lack of records documenting the transfer of
weapons and ammunitions, and lack of regulation from flags of convenience.
Further, there is no publically available registry offloating armories and so the
number of floating armories operating alongside the quantity of arms and
ammunition on board is unknown. This Note suggests several solutions that will
increase the transparency and safety offloating armories. Such solutions include
requirements that floating armoy operators register their vessels only to states in
which a legitimate relationship exists, minimum standards that operators must
follow, and the creation of a publically available registry. Finally, it concludes by
providing alternative mechanisms by which states may exercise jurisdiction over
foreign vessels operating in the High Seas.

  I.  INTRODUCTION  ....................................            874
  II. THE PROBLEM OF MARITIME PIRACY .....................          877
III. How FLOATING ARMORIES OPERATE .....................            878
IV. FLOATING ARMORIES AND THE LEGAL GRAY AREA ............... 880
      A.   The Lack of Laws and Regulations ..................      880
           1. No National or International Standards ........       880
           2. Safety and Security Implications ..............       881
      B. Inconsistency Between the Flag of the Vessel and the
           Operator .....................................           884
           1. Lack of Regulations ........................          884
           2. Conflicts of Law Issues ......................        885


   * J.D., Georgetown University Law Center, May 2017. B.S., summa cum laude, Florida State
University, 2014. © Copy; 2017, Alexis Wilpon.

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