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International Cooperation Mechanism for Punishing Piracy between Pakistan and
China: An appraisal of what?
ABSTRACT
This research attempts to analyze the international cooperation mechanism for the curb of piracy
between Pakistan and China. This paper examines such mechanisms with regards to the crimes of
piracy and armed robbery at sea from the perspective of the international law. This paper tackles
the significance of the mechanisms imposed on the zonal approach, particularly paying attention
to the nature of these crimes. The paper examines such mechanisms with regards to the crime of
piracy and armed robbery at sea from the perspective of the public international law. This paper
examines such mechanisms with regards to the crime of piracy and armed robbery at sea from the
perspective of public international law. As maritime criminal activities are increasingly committed
across the borders, States have come to establish mechanisms of international cooperation to be
implemented in territorial seas. It concludes that under the said legal frameworks, States are
allowed to pursue various objectives such as securing the safety of navigation, maintaining
security, or protecting the local economy.
Keywords
Piracy, Armed Robbery, Law of the Sea, Maritime Security, International Cooperation
1. Introduction
Piracy can be defined as an act of boarding a ship with the intention of committing theft or any
other crime, and with the intention or ability to use force to further that act.1 There are two subsets
of maritime crime: armed robbery at sea, which occurs in a country's territorial sea, and piracy,
which takes place in waters beyond the territorial sea. The term "piracy" encompasses two distinct
types of offense: hijacking, where the purpose of the attack is to steal a maritime vessel and its
cargo; where the ship and crew are held captive until a ransom is paid. Theft is the predominant
type of maritime crime. Its targets are all kinds of ships, usually at anchor or on a dock. The attacks
1
2
are mostly improvised and involve the intimidation of an unarmed crew rather than actual violence.
The hijacking aims to steal the ship and the cargo. In such cases, the target ship's crew, rather than
being the object of the attack, is an obstacle to be removed as quickly as possible. Many of these
attacks involve violence as pirates need unhindered removal to repaint the abducted ship. Such an
offense is profitable, but generally difficult. Most attacks target slow tankers and freighters and
take several days before the cargo is unloaded. The kidnapping for ransom includes the hijacking
of the crew and the ship and, while the most profitable, is a high-risk endeavor. This is usually an
ongoing operation, as the ransom negotiations last for months. The attacks are all kinds of ships.
Kidnappings are generally free of violence as it is in the interest of pirates to keep the hostages
alive. Both the hijacking and the kidnapping rely on careful preparation, intelligence, shore
support, funding and other logistical means, often with the help of corrupt officials. Carrying out
the abduction itself is also a complex task, the implementation of which requires coordination,
modern means of communication and heavy weapons to overcome the resistance of the crew.2
International cooperation within the framework of UNCLOS (United Nations Convention
on Law of the Sea)
Piracy’ is defined as “illegal acts of violence, detention or any act of depredation committed on
the high seas” under Article 15 of the High Seas Convention1 and Article 105 of the United
Nations Convention on the Law of the Sea (“UNCLOS”).2 “Armed robbery at sea” is a violent act
against ships or persons committed in the territorial sea.3 While the definitional elements of armed
robbery at sea are far from settled under international law, the common divisor is that the crime is
committed in an area which is exclusively under a State’s jurisdiction.4 E.g., the Code of Practice
for the Investigation of the Crimes of Piracy and Armed Robbery against Ships adopted by
International Maritime Organization (“IMO”) defines “armed robbery against ships” as “any
unlawful act of violence or detention or any act of depredation, or threat thereof, other than act of
piracy, directed against a ship or against persons or property on board such a ship, within a State’s
jurisdiction over such offences.”5 This article would use this term in consistent with the IMO’s
2
Ahmad, M., (2014). Improving Regional Trade to Support Pakistan’s Economic Growth,
The Lahore Journal of Economics, 19: 461-469
3
definition. The occurrence of piracy and armed robbery at sea was relatively infrequent during the
Cold War.6 It was not until the late 1990s that the increase of these crimes raised serious concerns.7
The number of incidents in the post-Cold War era has increased primarily due to political and
economic instability and poverty in developing countries.8
 International cooperation for benefits not only for the directly-affiliated states or the region,
but also for the international community as a whole.
 Mechanisms to ensuring international cooperation
 Encourage the willingness of the contracting parties to parties to participate in the
mechanism
 The national legislation of the relevant contracting parties as the basis of international
cooperation
 Importance of national legislation on relevant contracts?? You mean regional agreements?
The purpose of this act which act? is to define the basic principles regarding the oceans, to clarify
the responsibilities of the state, local communities, economic operator’s citizens, and to make basic
plans in this regard. Oceans and other key questions about maritime initiatives, creating a global
and systematic approach to crisis sea policy in a global and systematic way, by contributing to the
betterment of our economy and the society of our state and by citizens, in addition to improving
the stability of life, the oceans occupy a large part of the world, contributing to the coexistence of
oceans and humanity. There are indispensable factors in sustaining the lives of living human
beings, including humanity, and the fact that development requires the attainment of a new
maritime state in harmony with peaceful and positive development and the use of cement, in the
framework of international cooperation with the protection of the maritime environment, as our
state is surrounded by oceans, international efforts to achieve it, along with the UN Convention on
the Law of Maritime Law and other international agreements, on sustainable development and the
use of oceans.3
3
Ahmed, Z. S. (2016). Regionalism and regional security in South Asia: The role of
SAARC. Routledge.
4
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea
Convention or the Law of the Sea treaty, is an international agreement that resulted from the third
United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973
and 1982. The Law of the Sea Convention defines the rights and responsibilities of nations with
respect to their use of the world's oceans, establishing guidelines for businesses, the environment,
and the management of marine natural resources. The Convention, concluded in 1982, replaced
the quad-treaty 1958 Convention on the High Seas. UNCLOS came into force in 1994, a year after
Guyana became the 60th nation to ratify the treaty. As of June 2016, 167 countries and
the European Union have joined in the Convention. It is uncertain as to what extent the Convention
codifies customary international law 4
.
According to Article 101 of the LOS Convention, the classical and general definition of piracy is
as follows: Piracy involves one of the following: a) any illegal act of violence or detention, or
private purposes by the crew. Any act or private plane or private plane passenger, and directive to:
i. On high seas, against any other plane or aircraft, or against persons or property aboard
a ship or aircraft.
B) Any process of voluntary participation in the operation of an aircraft or aircraft that is aware of
the facts which makes it a pirate ship or aircraft.
C) Any act of intentional incitement or facilitation of an act described in paragraphs (a) or (b)of
the said convention.4
The United States Office of Legal Affairs's Department of Maritime Affairs and the Law's
Maritime Division looked at the activities of modern maritime piracy in the following terms piracy
4
United Nations. Division for Ocean Affairs, & the Law of the Sea. (1992). The Law of
the Sea: Exclusive Economic Zone: Legislative History of Articles 56, 58 and 59 of the
United Nations Convention on the Law of the Sea. New York: United Nations.
4
Azubuike, L. (2009). International law regime against piracy. Ann. Surv. Int'l & Comp. L., 15,
43.
5
still exists today, though under new forms new to its elimination need sources. General Chat
Lounge Hacker attacks are occurring in many parts of the world with alarming frequency. Those
attacks included incidents in which the pirates took safe and money and valuables from the crew,
to the point where all the luggage was stolen, and in some cases, on the ship. Usually only the
threat of violence is used, but there have been injuries and sometimes staff members have also
been killed. The incident reports show that in addition to the threat to the attacking crew, navigation
and the environment threatened cases where the crew was mobilized and the aircraft completely
left on steam. When the thieves escaped, no one was in control. Especially in areas with heavy
traffic can be exaggerated.5
It is generally accepted that the above definition introduces or maintains three conditions for the
Piracy Classification Act under the international law. The first requirement is that the process
should take place on the high seas or "outside the jurisdiction of any state". Although this
requirement is strongly criticized, it is suggested that it is more compatible with the international
order.
One of the controversial aspects of the international piracy law is that it is subject to international
jurisdiction. Any state can properly decide on piracy, even if it has nothing to do with piracy.
However, they are the enemies of all humanity. In fact, despite all the prohibitions on piracy,
international law does not provide for a material crime. Instead, it provides only a basis for states
to exercise jurisdiction to combat piracy as defined by the international law. The state always looks
to its domestic law to determine the punishment of pirates. This makes the situation a little more
difficult. However, even if other states have similar provisions, such an agreement in their laws
will not convert this Act into a piracy under international law. In the absence of a special treaty
between states, none of them is required to arrest or punish the concessions of others for such acts
5
Chang, D. (2010). Piracy laws and the effective prosecution of pirates. BC Int'l & Comp. L.
Rev., 33, 273.
6
outside their jurisdiction. Even if it is considered a crime under state law in which the offender
belongs to.6
International Cooperation under UNCLOS
‘Piracy’ is defined as “illegal acts of violence, detention or any act of depredation committed on
the high seas” under Article 15 of the High Seas Convention1 and Article 105 of the United
Nations Convention on the Law of the Sea (“UNCLOS”) Hosoda, S., Ohira, T., & Nakamura, T.
(2008). “Armed robbery at sea” is a violent act against ships or persons committed in the territorial
sea. While the definitional elements of armed robbery at sea are far from
settled under international law, the common divisor is that the crime is committed in an area which
is exclusively under a State’s jurisdiction. E.g., the Code of Practice for the Investigation of the
Crimes of Piracy and Armed Robbery against Ships adopted by International Maritime
Organization (“IMO”) defines “armed robbery against ships” as “any unlawful act of violence or
detention or any act of depredation, or threat thereof, other than act of piracy, directed against a
ship or against persons or property on board such a ship, within a State’s jurisdiction over such
offences.”5 This article would use this term in consistent with the IMO’s definition Geiss, R., &
Petrig, A. (2011).
The occurrence of piracy and armed robbery at sea was relatively infrequent during the Cold War.6
It was not until the late 1990s that the increase of these crimes raised serious concerns.7 The
number of incidents in the post-Cold War era has increased primarily due to political and economic
instability and poverty in developing countries.8 In addition, as the US and the former Soviet
Union partially withdrew their naval forces in Southern Hemisphere, in particular in the Indian
Ocean, States’ control over the area was loosened, which pushed the escalation of
the maritime violence Brooks, R. E. (2004).
The legal framework for the oceans is complex, and its effective implementation is critical to make
progress on all the target areas of SDG14 and other ocean-related targets in the 2030 Agenda for
6
Chi, M. (2012).Finding out the Achilles Heels: Piracy Suppression under International Law
and Chinese Law. JE Asia & Int'l L., 5, 7.
7
Sustainable Development. The General Assembly and the international community have
recognized the key contribution of the United Nations Convention on the Law of the Sea
(UNCLOS) to the sustainable development of the oceans and seas and reaffirmed that it sets out
the legal framework within which all activities in the oceans and seas must be carried out and is
of strategic importance as the basis for national, regional and global action and cooperation in the
marine sector. In several areas, global and regional instruments, accompanied in some cases by
technical guidelines for their implementation and related management tools, have been adopted
which give effect to the provisions of UNCLOS (UNCLOS 1998).
At the global level, UNCLOS and its implementing agreements are supplemented by several
instruments including global treaties relating to sustainable fisheries, pollution from ships,
maritime safety, atmospheric pollution, release of hazardous substances into the environment, and
the protection of certain species or habitats and the conservation and sustainable use of
biodiversity. In addition, a host of soft law instruments also contain goals and targets, ranging from
the outcome documents of the successive United Nations conferences and summits on sustainable
development and the annual General Assembly resolutions on oceans and the law of the sea and
on sustainable fisheries to guidelines, codes of conduct and programmes of action Guilfoyle, D.
(2012).
2. Statement of the Problem
As previously reported, armed piracy against pirates and ships has been operating worldwide since
ancient times. It is mainly concentrated in the regions where social and economic problems, lack
or weak enforcement of land and maritime laws, and political unrest are found and sustained. Their
occurrence or expression varies somewhat from region to region. Once the risk level for a specific
type of piracy and ships armed in the region is lowered to an acceptable level, further outbreaks
with this symbolic quality are found in other regions.
Most countries are Pakistan in Southeast Asia is aware of the threat and potential harm of piracy
to their national economy. All pirates or armed robberies fall into the category of crime in all
Central Asian countries. The question is: have coastal governments in Southeast Asia done enough
to counter and control maritime piracy? Alternatively, one might wonder if a coastal country in
Southeast Asia is obliged to take further steps to prevent and combat piracy in its territorial waters
8
and waters adjacent to its territorial waters Ernst, M. O., & Banks, M. S. (2002). There is a multi-
faceted relationship between Pakistan and China, which provides a good example of peaceful
coexistence between the two states with different beliefs, social and political systems. Since
"transit" connects the economic belt with the route of 21st Century Maritime Silk, The Gwadar
Port's knot will be crucial for maritime cooperation in the future between the two countries.
Emerging maritime competition in the Indian Ocean and unconventional threats to maritime
security that prevail. This document includes the development of Pak-China relations, the
importance of the Indian Ocean for global affairs, maritime security issues and the response to the
protection of shipping and trade, as well as the growing maritime cooperation between Pakistan
and China in the Indian Ocean.7
3. Objectives
1. To present the review on danger of maritime piracy to international trade, international
shipping, and human society in general
2. To examine the present international efforts to combat maritime piracy
3. To review the present national practices of Pakistan, India and China to combat and control
maritime piracy
4. To analyze the major difficulties arising from the present system for piracy control
5. To investigate the various possible options for combating maritime piracy
4. Research Methods
The study adopts a qualitative means to discuss the significance of China’s ambitions towards
the CPEC project concerning strategic deep-sea management and maritime regulations in the
region, with a particular focus on the Gwadar Port.
7
Ernst, M. O., & Banks, M. S. (2002). Humans integrate visual and haptic information in
a statistically optimal fashion. Nature, 415(6870), 429-433.
9
The article concludes that the implications of Somalia piracy to Pakistan and China’s maritime
security was so grave that China was compelled to join the international community by taking part
in the multinational naval task force to combating piracy signifying a cooperative role and at the
same time utilizing the opportunity to come closer to Somalia by way of reopening its embassy
and engaging in bilateral economic ties.8
MSA was established in 1987 as a paramilitary force and is responsible for the protection of the
unauthorized exploitation of Pakistan EEZ and the enforcement of national and international
maritime laws in Pakistan's waters. The force has many assets, including helicopters, hovercraft
and more than a dozen fast patrol vessels. The agency's main purpose is to control smuggling along
the coast, and its operations are limited to territorial waters.9 When people think of piracy and
China, they think more about pirates’ centuries ago. However, piracy is a modern problem that
poses a threat to international shipping, which China has a keen interest interest in fighting against
this problem. Although the People's Republic of China has made international efforts to deal with
piracy, it has largely ignored the issue of piracy in its own courtyard. Since China has no special
national laws against piracy," the Chinese law clearly states piracy. As a criminal and does not.
Do not provide a clear definition of piracy "(Chi, 2012).
5. Analysis
This research will analyze the mechanism of international cooperation in suppressing pirates
between Pakistan and China. The relations between China and Pakistan are very broad. To present
the key implications of strengthening cooperation between Pakistan and China in the fight against
piracy, the international effort to tackle piracy in this direction has to be examined from two angles:
Framework for the control of piracy and Cooperation to combat piracy under, the international
legal system. International cooperation has two meanings. First, it refers to cooperation between
companies and private organizations, for example, the IMB and the International Maritime
8
Forces, C. M. (2011). Combined Task Force (CTF) 151. homepage, undated. As of
August, 24.
9
Forces, C. M. (2016). Combined Task Force 152.
10
Committee (CMI). Second, it refers to the collective actions taken by countries and international
government organizations, such as the IMO and ASEAN. Another type of international
cooperation extends to the joint efforts of neighboring countries to tackle piracyMurphy.10
Security relations, particularly as they relate to India, are at the heart of Sino-Pakistani ties,
although in the past two years economic cooperation has come to the fore with the establishment
of CPEC. At the same time, as China’s interests in Afghanistan have expanded, so has its
engagement with Pakistan on issues related to Afghanistan’s security and the wider threat of
terrorism in the region.11
Figure 1.China’s Proposed New Silk Roads
Source: Council on Foreign Relations, 2015
International Law
10
Goswami, R. (2015). UNSCR1325 and Female Ex-Combatants-Case Study of the Maoist
Women of Nepal. UN Women, October. http://www. unwomen. org/en/digital-
library/publications/2017/5/unscr-1325-and-female-ex-combatants (accessed April 19,
2019).
11
Goswami, R. (2015). UNSCR 1325 and Female Ex-Combatants-Case Study of the Maoist
Women of Nepal. UN Women, October. http://www. unwomen. org/en/digital-
library/publications/2017/5/unscr-1325-and-female-ex-combatants (accessed April 19,
2019).
11
Under international law, maritime piracy and armed robbery at sea have been addressed through
international treaties and recommendations. Some international instruments have specific
provisions related to maritime piracy and armed robbery against ships whereas others can be
adapted or taken into account in the treatment of these crimes because they pertain in one way or
another to crimes that are close or similar to maritime piracy and armed robbery against ships or
that are treating issues related to the definition of such crimes, the criminalization, the
apprehension and the prosecution of pirates and armed robbers at sea as well as human rights
issues. In the following, it is worthy to analyze through the established elements of analysis those
international treaties and recommendations that brought some advancement in the struggle against
these two crimes in order to identify legal elements for the development of a national legislation.12
Judicial process and human rights issues
As previously discussed, international law provides for States to criminalize, to assert jurisdiction
over maritime piracy and armed robbery against ships’ cases. As such, in order to decide on the
case, they have to be proceeded through a judicial process that is defined by a domestic legal
system and procedure. Generally, it includes the arrest and investigation (usually done by law
enforcement agencies), the prosecution, the trial, and the incarceration. Apart from the domestic
procedural requirement that needs to be adapted to be able to treat maritime piracy and armed
robbery cases, human rights issues during the judicial process need to be addressed too. Indeed,
the United Nations Security Council Resolution (UNSCR) 2015 calls for consistency with
international human rights law during the judicial process. The basis of human rights law is laid
down in the universal declaration of human rights (UDHR) which provides for every individual
equality of dignity and rights, exemption from torture or brutal, inhuman or humiliating treatment,
equal justice and non-exposure to arbitrary arrest, detention or exile.13
1. According to the International Maritime Bureau's Annual Report (2019), the IMB Piracy
Information Center received incidents of piracy and armed robbery against ships, compared
13
Gottlieb, Y. (2013). Combating Maritime Piracy: Inter-Disciplinary Cooperation and
Information Sharing. Case W. Res. J. Int'l L., 46, 303.
12
in 2018. The incidents included four hijacked aircraft, ships, according to the latest IMB
data, attacks and 130 aircraft aboard. Although the overall reduction in maritime piracy is
a encouraging development, ships are a threat to many areas, including the Gulf of Guinea.
The number of personnel hijacked in the Gulf of Guinea increased from 78 in 2018 to 121
in 2019. That equates to more than 90% of the world's abductions in the last quarter of
2019, with 64 crew members abducted in 6 separate incidents. The region was responsible
for incidents, in addition to four hijackings occurring in 2019, as well as 10 ships out of
ships were reported to be on fire. Armed robbery attacks increased in the Singapore Strait,
with incidents reported in 2019, including in the last quarter of 2019. There were only three
incidents in the same area for the whole of 2018.14
2. International cooperation against maritime piracy is authorized by Articles 100 to 107 of
the1982 United Nations Convention on the Law of the Sea. According to Article 100 “All
States shall cooperate to the fullest possible extent in the repression of piracy on the high
seas or in any other place outside the jurisdiction of any State”. But neither “cooperate”
nor “fullest possible extent” are defined anywhere in the Convention, which leaves room
for each States Party to ‘cooperate’ as it sees fit. Thus, a States Party may choose to send
in naval forces or not; and if naval forces are deployed and arrests made, it can choose
whether to incur prosecution costs, or to hold the suspects prior to handing them over to a
third country, or, simply, to let them go. And as we have seen, the latter is often the choice
made.15
3. The background to this paper is that in 2010 more captured maritime pirates were released
by the warships that captured them than were passed on for prosecution. We do not believe
that existing ad hoc explanations for this failure are the whole story – namely that many
14
Halberstam, M. (1988). Terrorism on the high seas: the AchilleLauro, piracy and the IMO
convention on maritime safety. American Journal of International Law, 82(2), 269-310.
15
Hallwood, P., &Miceli, T. J. (2011). The Law and Economics of International
Cooperation Against Maritime Piracy. University of Connecticut–Department of
Economics Working Papers, 12, 2011-12.
13
States Parties have not written relevant international law (Articles 100 to 107 of the United
Nations Convention on the Law of the Sea, 1982) into national law, and that evidence is
usually insufficient to prosecute suspects. Rather we offer the more encompassing
argument that maritime enforcement as governed by current international law has the
nature of a public good and as such suffers from free-rider problems. That is, as the
shipping of no one States Party can be excluded from the benefits of reduced crime created
by enforcement expenditures by other States Parties, incentives for all actors to invest in
enforcement at an optimal level are lacking. In particular, we have argued that aversion to
incurring costs that benefit others helps to explain why States Parties are in no rush to write
international law into national law, and also why there is a preference for letting arrested
suspects go rather than going to the expense of putting them on trial and imprisoning
them.16
4. While prevention, deterrence and punishment constitute key approaches to addressing the
maritime piracy challenge, efforts to eradicate the problem continue to be hindered by
obstacles spanning a broad range of areas, including economic, financial, political and
legal. Bearing in mind the main issues at stake, highlighted in Part I of this report, and the
associated direct costs and second order implications, responding effectively to the
challenge of maritime piracy remains a matter of strategic importance.
Types of Piracy Attacks and Violence, 2006-2010
2006 2007 2008 2009 2010
Types of Piracy Attack
Attempted 56 62 47 85 89
Boarded 162 169 151 155 196
Fired upon 7 14 46 121 107
Hijacked 14 18 49 49 53
Total 239 263 293 410 445
16
Ho, J. (2009). Combating piracy and armed robbery in Asia: the ReCAAP Information
Sharing Centre (ISC). Marine Policy, 33(2), 432-434.
14
Assaulted 2 29 7 4 6
Hostage 188 292 292 889 1050 1181
Injured 5 35 32 69 37
Kidnap/Ransom 77 63 42 12 20
Killed 15 5 11 10 8
Missing 3 3 21 8 -
Threatened 17 6 9 14 18
Total 317 433 1011 1169 1270
Source: ICC IMB 2006-2016 Annual Reports
Table 2 Nationalities of ships attacked, January – December 2015-2019
Flag state 2015 2016 2017 2018 2019
Antigua and Barbuda 9 3 2 2
Australia 1
Austria 1
Bahamas 5 5 6 9 4
Bangladesh 1 1
Barbados 2 1
China 2 2
Comoros 1
Cook Island 1
Croatia 1
Germany 1
Ghana 1 2
Hong Kong
India 2 3 4 1
Indonesia 2 4 1 1 1
Iran 1 1
Italy 3
Japan 1 1
15
South Korea 1 1 1
Malaysia 12 6 4 7 3
Malta 11 5 8 7 10
Nigeria 2 4 2 1 6
Niue 1
Norway 1 3 4 1 3
Panama 38 46 27 27 17
Saudi Arabia 1 2 2 1 4
Thailand 5 3
Turkey 1 1
Total Year 93 83 65 68 59
Source: ICC IMB piracy and armed robbery against ships – 2019 Annual Report
Capacity Developments because of Participating In Counter-Piracy Operations
1. Pakistan has been keeping its own coast under intense surveillance since 2002. The
country expanded its naval operations in 2004 and 2009 for participating in TF 150 and
151respectively. Pakistan Navy developed excellent capability over time to be part of
coalition operations.17
2. A few NGOs in Pakistan have learnt how to handle negotiations with pirates. Release
ofMV SUEZ and seven Pakistani crew of MV ALBEDO took place after payment of
negotiated ransom. These NGOs have learnt lessons from these negotiations.GOs
managed to raise more than 4 million dollars through public donations. This
effort is remarkable, as philanthropists of other countries could not succeed in such a
manner.18
17
Hofmeister, W. (2014).Maritime Security and Piracy Common Challenges and
Responses from Europe and Asia.
18
Hribernik, M. (2013). Countering Maritime Piracy and Robbery in Southeast Asia: The
Role of the ReCAAP Agreement. EIAS Briefing Paper, (2013/2).
16
3. Pakistan quickly notified its Guidelines for Privately Contracted Armed Security
Personnel in Oct 2012.19
4. In Feb 2013, Pakistan established Joint Maritime Information Co-ordination Centre in
Karachi. JMICC gathers and shares all the required information among all the
nationalstakeholders for maritime domain awareness.20
5. Government of Pakistan is processing MOUs with regional countries to extend
cooperation in maritime security domain. Ministry of Defense is also working on anti-
piracyefforts within the framework of South Asian Association for Regional Co-
operation (SAARC).21
Counter-piracy and Pakistan’s Relations with the Neighboring Countries
1. Pakistan’s two immediate maritime neighbors India and Iran have also participated
incounter piracy efforts. The Indian Navy (IN) and the Islamic Republic of Iran Navy
(IRIN) haveparticipated in such operations independently and are not part of any
coalition. The IndianNavy participates in SHADE (Shared Awareness and De-
confliction) mechanism that iscoordinated from NAVCENT Bahrain. Therefore, PN
and IN know about each other’s counterpiracy operations. IRIN is not always part of
SHADE mechanism Palgrave Studies (2018).
2. Pakistan’s command of Task Force 150 and 151 has had a positive impact on the Gulf
countries, Yemen, Oman, Saudi Arabia and the recognised government of Somalia.
Theyappreciate Pakistan’s determined efforts in Task Force 150 and 151. Many of
19
Iftikhar, M. (2016). Maritime Security Governance: Pakistan Perspective. Governance
and Management Review 1 (1), 42-72.
20
Joubert, L. (2013). The extent of maritime terrorism and piracy: a comparative
analysis. ScientiaMilitaria: South African Journal of Military Studies, 41(1).
21
Lain, S. and Pantucci, R. (2016), “Security and stability along the sirlk oad”, Royal United
Services Institute for Defence and Security Studies, Vol. 88 No. 1, pp. 69-94.
17
regional countrieshave participated in CMF and counter piracy efforts following
Pakistan’s example.22
Regional Cooperation Agreement on Combating Piracy and Armed Robbery Against Ships
in Asia
1. Prior to the substantial rise in acts of piracy off the coast of Somalia, the region of Southeast
Asia, in particular, was known as a piracy hotspot. As a consequence, the first
intergovernmental regional agreement to combat piracy in Asia, namely the Regional
Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia
(ReCAAP) was adopted on 11 November 2004. The Agreement entered into force on 4
September 2006 and currently has 19 Contracting States.23
2. Under ReCAAP, Contracting States are required to prevent and suppress piracy and armed
robbery against ships to the fullest extent possible, to arrest pirates or persons who have
committed armed robbery against ships, to seize ships or aircraft used for committing
piracy or armed robbery against ships, to seize ships taken by and under the control of
pirates or persons who have committed armed robbery against ships and to seize the
property on board such ships and to rescue victim ships and victims of piracy or armed
robbery against ships.24
3. The agreement also established the ReCAAP Informationsharing Centre (ReCAAP ISC),
which was officially launched in Singapore on 29 November 2006 and formally recognized
as an international organization on 30 January 2007.179 Functions of ISC include, among
others, the expeditious facilitation of information relating to incidents of piracy and armed
robbery against ships among the Contracting States, the collection and analysis of
22
Laska, M. N. (2012). Emerging adulthood: a critical age for preventing excess weight
gain?. Adolescent medicine: state of the art reviews, 23(3), 571-588.
23
Maqsood, A. (2017), “CPEC and Maritime security of Pakistan”,
http://foreignpolicynews.org/2017/11/01/cpec-maritime-security-pakistan/
24Marex (2018), “China plans new naval base in Pakistan”, available at: www.maritime-
executive.com/
18
information on piracy and armed robbery against ships and the preparation and
dissemination of statistics to foster better understanding of the situation in Asia. The ISC
must also provide appropriate alerts to Contracting States if there is a reasonable ground to
believe that there is an imminent threat of incidents of piracy or armed robbery against
ships.25
4. Further to the obligations noted above, ReCAAP requires cooperation between Contracting
States through ISC, which is set up to facilitate the exchange of information among focal
points designated by each State via a secure web‐ based information network system
(INS). Additional cooperation requirements include the extradition of pirates to another
Contracting State that has jurisdiction, mutual legal assistance in criminal matters,
capacitybuilding to prevent and suppress piracy and to encourage shipowners to take
protective measures against piracy and armed robbery against ships.26
International military and naval response to piracy
1. Military and naval forces play an invaluable role in the deterrence and interdiction of piracy
and armed robbery at sea. By escorting commercial vessels through high‐risk areas, they
offer safe passage that protects the vessel, its cargo and its crew against the scourge of
piracy, allowing international trade to continue without disruption. The United Nations
Security Council in its resolution 2020 (2011) commended the efforts of Operation
Atalanta of the European Union, Operations Ocean Shield and Allied Protector of NATO,
the Combined Task Force 151 of the Combined Maritime Forces and other States acting in
a national capacity in cooperation with TFG and each other to suppress piracy and to
protect vulnerable ships transiting through the waters off the coast of SomaliaReCAAP, I.
S. C. (2012).
25
Mo, J. (2002). Options to Combat Maritime Piracy in Southeast Asia’’. Ocean
Development and International Law, 33, 343.
26
Mukundan, P. (2003). Piracy and armed robbery against ships today. WMU Journal of
Maritime Affairs, 2(2), 167-180
19
2. Individual forces have also been deployed by States including China, India, the Islamic
Republic of Iran, Japan, Malaysia, the Republic of Korea, the Russian Federation, Saudi
Arabia and Yemen.
3. In September 2011, the global shipping industry (represented by the round table of
international shipping associations) wrote to United Nations SecretaryGeneral Ban
Kimoon requesting the establishment of a United Nations force of armed military guards
to be deployed in small numbers on board ships passing through the Suez Canal.
Multinational Task Force‐151
1. The Multinational Task Force‐151 (CTF‐151)191 is another multinational naval task force,
set up in response to piracy attacks in shipping lanes off the coast of Somalia. It was created
by the United States navy in 2009 with the mission to “deter, disrupt and suppress piracy”.
Countries that have participated in CTF‐151 include Canada, Denmark, France, Germany,
the Netherlands, New Zealand, Pakistan, Portugal, the Republic of Korea, Singapore,
Spain, Thailand, Turkey, the United Kingdom and the United States. It has been suggested
that while the NATO and European Union missions offered a “Western approach” to piracy
suppression, CTF‐151 would offer an “Eastern approach”Forces, C. M. (2011).
2. To deter attacks in the Gulf of Aden and protect shipping in this area, CTF151, in
cooperation with the United States navy and IMO established the Internatio nal
Recommended Transit Corridor (IRTC), which stretches from the BabuiMandeb strait
separating the Red Sea from the Gulf of Aden, 464 nautical miles, to just north of the
Archipelago of Socotra. The transit corridor is divided into several areas, and commercial
and private ships passing through them are monitored and escorted by the various naval
detachmentsNavy, U. S. (2009).
6. Findings
The paper concludes that the Gwadar Port is a critical element for maritime security in the
whole region. The study also provides an analysis of national and international, security and legal
challenges associated with CPEC.
Maritime Security Governance
20
Maritime Security Governance involves mechanisms for defined agencies in the maritime domain
for responding to prescribed threats according to national policies and laws. And maritime security
can be interpreted as the security of sea lines of communication (SLOC), good
governance at sea and serene activities for seaborne trade with the complex nature of
transnational crimes in the seas today, states realize the limitations towards conventional measures
to maritime security. Due to significant numbers of crimes in the seas being outside a state’s
territorial waters, international naval presence and other collective security measures have become
a dire need. Maritime security governance for Pakistan is vital in reference to international security
challenges and in relation Pakistan Navy has played a pro-active in the Indian Ocean region since
2004 by participating in combined task force activities for combating transnational threats as
terrorism and piracy (ISPR). Pakistan Navy has extended cooperation and support in international
collective security measures in the maritime domain to combat terrorism and piracy through:
Combined Task Force 150: which aims towards combating terrorism in the seas, its operations
include in Horn of Africa and North Arabian Sea (combined maritime forces, 2016).
b) Combined Task Force 151: which aims towards combating piracy, its operations include in Red
Sea, Gulf of Aden and Somali Basin Forces, C. M. (2016).
Response of Pakistan towards protection of territorial waters has been through Pakistan Coast
Guards, they are active in Pakistan’s coastline of Sindh and Balochistan for combating crimes as
human trafficking, smuggling of weapons and narcotics (Pakistan Army). And Pakistan Maritime
security agency which is a branch under Pakistan Navy and it conducts operations independently;
which are national and international maritime law enforcement, search and rescue, protecting sea
vessels in the region against any threats, maintaining intra-coastal and offshore navigation
equipment, and protection of Exclusive Economic Zone (Pakistan Maritime Security Agency).
The current literature offers clarity and a cogent position towards transnational crimes, particularly
piracy and maritime terrorism. It is evident that transnational crimes in the seas have been
overstated on many accounts, particularly terrorism and that also acts as a barrier towards practical
policy implications. In supporting arguments towards strengthening maritime security governance
in Pakistan’s perspective, Port of Gwadar and MSR are critical to both port safety and security and
harmony in the waters for shipping operations. In building up the central argument’s strong
21
analytic direction; experience from Pakistan’s former naval chiefs and senior commandment is
integral. According to Admiral (R) Noman Bashir (2014) good order in the Indian Ocean region
is a challenge because terrorism in the waters faces threats from Al-Qaeda in Afghanistan,
Somalian extremists’ presence in the Arabian Sea Region and the Islamic State operating in Iraq
and Syria. Insurgents from these factions are operating in the waters and simultaneously are
trafficking humans for training, weapons for fighting and smuggling narcotics for revenue
generation. Elucidated by Admiral (R) AsifSandila (2014) Port of Gwadar not only remains
beneficial to China and international shipping, but it is expected to change Pakistan’s internal
infrastructure and economy by industrial development, new rail and road links and other
development projects. He also argues that while piracy is a danger in straits of Malacca, Somali
pirates have their presence in horn of Africa and Gulf of Aden. A point to be also considered from
Port of Gwadar’s internal security is Baloch Nationalism, because lessons in the past are attacks
on Chinese Engineers and expensive equipment and installations onshore being damaged. This is
vital to note from two points first, smooth operations at the Sea port and second, Pakistan’s
response towards security in Gwadar that equally is important to China (Kahandawaarachchi
2015).
Security Council Resolutions
These days, the UN Security Council has taken the lead in promoting international cooperation for
the suppression of the maritime violence.83 In 2008, the Security Council adopted Resolution
1816 allowing State parties to enter the territorial waters of Somalia to repress acts of piracy and
armed robbery against ships for the first time.84 It also permitted States to use all necessary
measures against the same acts,85 thereby authorizing States to enforce laws in a foreign territorial
sea. Resolution 1851 extended the scope over which the States could take measures not only in
Somalia’s territorial sea, but also on its land.86 It affirms that the authorization provided applies
only with respect to the situation in Somalia and shall not affect the rights, obligations, or
responsibilities of member States.87 The Resolution repeatedly maintains that the resolution
would not constitute a State practice which affects customary international law.88
22
One may question whether these practices affect the UNCLOS regime. Both Resolutions 1816 and
1851 were adopted under Chapter VII of the UN Charter. In general, a Security Council’s decision
under Chapter VII may authorize States to undertake actions in a foreign territory without the
consent of that territorial State.89 However, it would be misleading to interpret these resolutio ns
as creating a new basis for law enforcement that is not provided in the UNCLOS. They clearly
stipulate that taking such measures requires the advance consent of the Transitional Federal
Government (“TFG”)90 of Somalia and that the law enforcement shall be conducted in a manner
consistent with the UNCLOS.91 Resolution 1816 affirms that international law, as reflected in the
UNCLOS, sets out the legal framework applicable to this situation.92 Hence, it requests that
cooperating States take appropriate steps to ensure that the activities they undertake pursuant to
the authorization do not have the practical effect of denying or impairing the right of the innocent
passage of ships of any third State.93
CPEC and Security Challenges
Regional and internal security is one of the biggest challenges to CPEC (Small, 2015). In spite of
various military operations, Pakistan is still facing some security constraints in certain areas such
as militants and extremist groups target government officials, religious or ethnic minority groups,
security forces, gas pipelines and power pylons and in some cases, Chinese workers and engineers
have been kidnapped and killed, which has caused significant economic as well as human damage
to the country (Shah, 2013; Syed et al., 2016; Arifeen, 2017). The security agencies in Pakistan
have taken pertinent measures and rendered a great job to ensure the better security conditions in
these areas. To this end, a Special Security Division including 12,000 troops has been established
by the Pakistan Army to safeguard and look after the security issues in CPEC projects (Gishkori,
2015; Khan, 2016b). The various military operations have significantly brought down the violence
in Pakistan (Human Rights Watch, 2018). Also, Chinese and Pakistan’s Navy ships will jointly
protect and safeguard the maritime corridor. The Pakistan Navy has launched a special task force
“TF-88” in December 2016, which makes sure the security measures for maritime trade; China
will provide four ships to PMSA for this purpose (Gady, 2017).
Possible threats to Port of Gwadar and commercial activities in Pakistan’swaters:
23
i. Smuggling of terrorists, weapons, narcotics and humans in commercial containers.
ii. Hijacking of a Ships.
iii. Attacks on vessels carrying petro-chemical commodities/LNG.
iv. Attack on oil tanker.
v. Attack onshore facilities of Gwadar port; example LNG terminal.
vi. Insurgents using land around the port for a possible attack.
vii. Illegal Fishing
Strengthening Maritime Security Governance fits under Pakistan’s broader strategy where the
current focus is on maintaining peace and stability in the seas and moving towards a direction of
economic prosperity. All of these aspects are associated with an effective maritime security
mechanism that strengthens existing capabilities for combating threats that are transnational in
nature. Further perspectives under international relations; regionalism, constructivism and critical
security studies approach are examined for supporting their position towards the need of
strengthening Maritime Security Governance. As the same not only secures Pakistan’s internal
development interests, but signifies a) Pak-China Relations b) 21st Century Maritime Silk Road
c) over all Social Environment d) Regional Peace f) Security of political decisions.
Attempts aimed at promoting greater international cooperation
In the preceding section it was argued that States Parties will tend to under-invest in provision of
maritime enforcement because of its public good nature. Thus, if maritime policing is to be
provided at anything like the socially optimal level, some degree of increased international
cooperation needs to be organized beyond commitments made in the United Nations Convention
on the Law of the Sea Articles 100 to 107. In fact, several such efforts have been attempted. The
U.N. Security Council in 2008 issued Resolutions 1816, 1838, 1846 and 1851, which exhorted
States Parties with warships in the Horn of Africa area to cooperate and to undertake greater efforts
to capture and bring pirates to justice. Resolution 1816 allowed states cooperating with the Somali
Transitional Government (STG) to pursue pirates in Somalia’s territorial waters; Resolution 1838
urged States Parties to protect shipping engaged in World Food Program activities; Resolution
1846 extended the period in which States Parties warships could enter Somalia’s territorial sea;
24
and Resolution 1851 enabled States Parties to pursue Somali pirates ashore. But none of these
resolutions required States Parties to step up their anti-piracy efforts.27
Discussion
It is clear that transnational crimes in the seas do remain a challenge to maritime security. But there
are certain areas that need to be examined carefully while devising a concrete strategy for
strengthening maritime security governance. Three major challenges in the seas are piracy,
maritime terrorism and trafficking and they offer extensive literature that has helped examine: 1)
Limitations to maritime terrorism b) Importance of collective security c) Reduction to piracy in
the Indian Ocean does not mean its complete eradication d) Trafficking can be used to finance
criminal operations and use weapons and recruit new members f) Onshore security of the port
remains equally important to maritime operations.
Maritime security governance as an approach needs to consider number of factors. While some
initiatives have been taken by Pakistan Navy such as participation in the combined task force
though, there is space for improving collective security measures. As many challenges to maritime
Security are within both onshore and offshore areas; first faces threats toward port facilities and
equipment and the latter for sea traffic.
7. Recommendations
1. Pakistan needs to build professional capacity to follow the world’s maritime dialogues.
2. Pakistan also needs to improve participation at the level of Working Groups of CGPCS.
Additionally, she needs to disseminate information about Pakistan’s vigorous naval
operations in Task Forces 150 and 151 at the international diplomatic and UN meetings.
3. The imposition of a large High Risk Area (HRA) for such a long period has had adverse
impact on Pakistan’s maritime trade and activities. CGPCS should impress upon IMO and
UKMTO to review HRA periodically and modify HRA in a dynamic manner, according
27
Murphy, M. N. (2012). International cooperation against piracy: China's role, problems,
and prospects. WMU Journal of Maritime Affairs, 11(1), 71-81.
25
to weather and last 6 months’ pirate activity. Each CGPCS plenary meetings should review
extent of HRA.
4. Integrating cotemporary technologies and systems; Underwater and Aerial Surveillance
and Integrated Automated Fingerprint Identification System.
5. Initiating collective security measures domestically and regionally; first between local
government institutions and second member states of the MSR.
6. Adapting best practices through UNCLOS, ISPS Code, and World Customs Organization.
8. Conclusions
International efforts to combat maritime piracy have provided valuable experience in tackling
piracy problems. This research examines the merits and weaknesses of current international efforts
to combat piracy in order to assess future options for combating and controlling piracy in Southeast
Asia.It is a significant achievement of Pakistan Navy which would pave the way for further
cooperation in the South Asian region. In the contemporary international political environment,
Pakistan is attracting other countries, who realize its geostrategic importance because of China
Pakistan joint venture ‘China Pakistan Economic Corridor under China Belt and Road Initiative’.
CPEC includes a network of roads and railways, various energy projects, and the development of
Gwadar Port, industrial cooperation, telecommunication, proposed special economic zones and
social sector development projects. The whole venture of CPEC revolves around the development
of Gwadar Port which is a great asset of Pakistan and is a main feature of the China-Pakistan
Economic Corridor. It is the key to the belt and road initiative. Pakistan’s Navy has established its
Special Task Force-88 to make this area secure, as maritime traffic through Gwadar Port is
expected to increase exponentially. One may say that the success of CPEC depends upon its
maritime security. Constructivism in international relations explains personal and social factors in
international relationships that are an outcome of identities and cultures than choices based on
power or material benefits. (Jackson and Nexon 2002). According to Hurd (2008) the constructivist
approach has been productive in this area because of its focus on the social content involved in the
production of international relations, including state interests. Perhaps, cooperation and
constructive outcomes between states in this approach is possible under mutual trust. In regards to
Pakistan and China’s relationship, it has evolved strong since the 1950s, there has been firm history
of cultural exchanges, support, trade and now development in the seas under 21st Century
26
Maritime Silk Road. Port of Gwadar’s development is based on both Pakistan and China’s identical
choices that are economic-social growth and prosperity. The significance of this mega initiative
by China can be understood through long term goals of both countries. Smooth activities at the
Port of Gwadar and the Arabian Sea are critical towards the overall MSR initiative, therefore
strengthening maritime security governance remains integral. Hence, an effective mechanism is in
need as Pakistan’s broader strategy aims at cooperation in the maritime domain, and also to sustain
peace in the region by addressing transnational threats. It is a significant achievement of Pakistan
Navy which would pave the way for further cooperation in the South Asian region. In the
contemporary international political environment, Pakistan is attracting other countries, who
realize its geostrategic importance because of China Pakistan joint venture ‘China Pakistan
Economic Corridor under China Belt and Road Initiative’. CPEC includes a network of roads and
railways, various energy projects, and the development of Gwadar Port, industrial cooperation,
telecommunication, proposed special economic zones and social sector development projects. The
whole game of CPEC revolves around the development of Gwadar Port which is a great asset of
Pakistan and is a main feature of the China-Pakistan Economic Corridor. It is the key to the belt
and road initiative. Pakistan’s Navy has established its Special Task Force-88 to make this area
secure, as maritime traffic through Gwadar Port is expected to increase exponentially. One may
say that the success of CPEC depends upon its maritime security.
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Farooq research paper

  • 1. 1 International Cooperation Mechanism for Punishing Piracy between Pakistan and China: An appraisal of what? ABSTRACT This research attempts to analyze the international cooperation mechanism for the curb of piracy between Pakistan and China. This paper examines such mechanisms with regards to the crimes of piracy and armed robbery at sea from the perspective of the international law. This paper tackles the significance of the mechanisms imposed on the zonal approach, particularly paying attention to the nature of these crimes. The paper examines such mechanisms with regards to the crime of piracy and armed robbery at sea from the perspective of the public international law. This paper examines such mechanisms with regards to the crime of piracy and armed robbery at sea from the perspective of public international law. As maritime criminal activities are increasingly committed across the borders, States have come to establish mechanisms of international cooperation to be implemented in territorial seas. It concludes that under the said legal frameworks, States are allowed to pursue various objectives such as securing the safety of navigation, maintaining security, or protecting the local economy. Keywords Piracy, Armed Robbery, Law of the Sea, Maritime Security, International Cooperation 1. Introduction Piracy can be defined as an act of boarding a ship with the intention of committing theft or any other crime, and with the intention or ability to use force to further that act.1 There are two subsets of maritime crime: armed robbery at sea, which occurs in a country's territorial sea, and piracy, which takes place in waters beyond the territorial sea. The term "piracy" encompasses two distinct types of offense: hijacking, where the purpose of the attack is to steal a maritime vessel and its cargo; where the ship and crew are held captive until a ransom is paid. Theft is the predominant type of maritime crime. Its targets are all kinds of ships, usually at anchor or on a dock. The attacks 1
  • 2. 2 are mostly improvised and involve the intimidation of an unarmed crew rather than actual violence. The hijacking aims to steal the ship and the cargo. In such cases, the target ship's crew, rather than being the object of the attack, is an obstacle to be removed as quickly as possible. Many of these attacks involve violence as pirates need unhindered removal to repaint the abducted ship. Such an offense is profitable, but generally difficult. Most attacks target slow tankers and freighters and take several days before the cargo is unloaded. The kidnapping for ransom includes the hijacking of the crew and the ship and, while the most profitable, is a high-risk endeavor. This is usually an ongoing operation, as the ransom negotiations last for months. The attacks are all kinds of ships. Kidnappings are generally free of violence as it is in the interest of pirates to keep the hostages alive. Both the hijacking and the kidnapping rely on careful preparation, intelligence, shore support, funding and other logistical means, often with the help of corrupt officials. Carrying out the abduction itself is also a complex task, the implementation of which requires coordination, modern means of communication and heavy weapons to overcome the resistance of the crew.2 International cooperation within the framework of UNCLOS (United Nations Convention on Law of the Sea) Piracy’ is defined as “illegal acts of violence, detention or any act of depredation committed on the high seas” under Article 15 of the High Seas Convention1 and Article 105 of the United Nations Convention on the Law of the Sea (“UNCLOS”).2 “Armed robbery at sea” is a violent act against ships or persons committed in the territorial sea.3 While the definitional elements of armed robbery at sea are far from settled under international law, the common divisor is that the crime is committed in an area which is exclusively under a State’s jurisdiction.4 E.g., the Code of Practice for the Investigation of the Crimes of Piracy and Armed Robbery against Ships adopted by International Maritime Organization (“IMO”) defines “armed robbery against ships” as “any unlawful act of violence or detention or any act of depredation, or threat thereof, other than act of piracy, directed against a ship or against persons or property on board such a ship, within a State’s jurisdiction over such offences.”5 This article would use this term in consistent with the IMO’s 2 Ahmad, M., (2014). Improving Regional Trade to Support Pakistan’s Economic Growth, The Lahore Journal of Economics, 19: 461-469
  • 3. 3 definition. The occurrence of piracy and armed robbery at sea was relatively infrequent during the Cold War.6 It was not until the late 1990s that the increase of these crimes raised serious concerns.7 The number of incidents in the post-Cold War era has increased primarily due to political and economic instability and poverty in developing countries.8  International cooperation for benefits not only for the directly-affiliated states or the region, but also for the international community as a whole.  Mechanisms to ensuring international cooperation  Encourage the willingness of the contracting parties to parties to participate in the mechanism  The national legislation of the relevant contracting parties as the basis of international cooperation  Importance of national legislation on relevant contracts?? You mean regional agreements? The purpose of this act which act? is to define the basic principles regarding the oceans, to clarify the responsibilities of the state, local communities, economic operator’s citizens, and to make basic plans in this regard. Oceans and other key questions about maritime initiatives, creating a global and systematic approach to crisis sea policy in a global and systematic way, by contributing to the betterment of our economy and the society of our state and by citizens, in addition to improving the stability of life, the oceans occupy a large part of the world, contributing to the coexistence of oceans and humanity. There are indispensable factors in sustaining the lives of living human beings, including humanity, and the fact that development requires the attainment of a new maritime state in harmony with peaceful and positive development and the use of cement, in the framework of international cooperation with the protection of the maritime environment, as our state is surrounded by oceans, international efforts to achieve it, along with the UN Convention on the Law of Maritime Law and other international agreements, on sustainable development and the use of oceans.3 3 Ahmed, Z. S. (2016). Regionalism and regional security in South Asia: The role of SAARC. Routledge.
  • 4. 4 The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea treaty, is an international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982. The Law of the Sea Convention defines the rights and responsibilities of nations with respect to their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources. The Convention, concluded in 1982, replaced the quad-treaty 1958 Convention on the High Seas. UNCLOS came into force in 1994, a year after Guyana became the 60th nation to ratify the treaty. As of June 2016, 167 countries and the European Union have joined in the Convention. It is uncertain as to what extent the Convention codifies customary international law 4 . According to Article 101 of the LOS Convention, the classical and general definition of piracy is as follows: Piracy involves one of the following: a) any illegal act of violence or detention, or private purposes by the crew. Any act or private plane or private plane passenger, and directive to: i. On high seas, against any other plane or aircraft, or against persons or property aboard a ship or aircraft. B) Any process of voluntary participation in the operation of an aircraft or aircraft that is aware of the facts which makes it a pirate ship or aircraft. C) Any act of intentional incitement or facilitation of an act described in paragraphs (a) or (b)of the said convention.4 The United States Office of Legal Affairs's Department of Maritime Affairs and the Law's Maritime Division looked at the activities of modern maritime piracy in the following terms piracy 4 United Nations. Division for Ocean Affairs, & the Law of the Sea. (1992). The Law of the Sea: Exclusive Economic Zone: Legislative History of Articles 56, 58 and 59 of the United Nations Convention on the Law of the Sea. New York: United Nations. 4 Azubuike, L. (2009). International law regime against piracy. Ann. Surv. Int'l & Comp. L., 15, 43.
  • 5. 5 still exists today, though under new forms new to its elimination need sources. General Chat Lounge Hacker attacks are occurring in many parts of the world with alarming frequency. Those attacks included incidents in which the pirates took safe and money and valuables from the crew, to the point where all the luggage was stolen, and in some cases, on the ship. Usually only the threat of violence is used, but there have been injuries and sometimes staff members have also been killed. The incident reports show that in addition to the threat to the attacking crew, navigation and the environment threatened cases where the crew was mobilized and the aircraft completely left on steam. When the thieves escaped, no one was in control. Especially in areas with heavy traffic can be exaggerated.5 It is generally accepted that the above definition introduces or maintains three conditions for the Piracy Classification Act under the international law. The first requirement is that the process should take place on the high seas or "outside the jurisdiction of any state". Although this requirement is strongly criticized, it is suggested that it is more compatible with the international order. One of the controversial aspects of the international piracy law is that it is subject to international jurisdiction. Any state can properly decide on piracy, even if it has nothing to do with piracy. However, they are the enemies of all humanity. In fact, despite all the prohibitions on piracy, international law does not provide for a material crime. Instead, it provides only a basis for states to exercise jurisdiction to combat piracy as defined by the international law. The state always looks to its domestic law to determine the punishment of pirates. This makes the situation a little more difficult. However, even if other states have similar provisions, such an agreement in their laws will not convert this Act into a piracy under international law. In the absence of a special treaty between states, none of them is required to arrest or punish the concessions of others for such acts 5 Chang, D. (2010). Piracy laws and the effective prosecution of pirates. BC Int'l & Comp. L. Rev., 33, 273.
  • 6. 6 outside their jurisdiction. Even if it is considered a crime under state law in which the offender belongs to.6 International Cooperation under UNCLOS ‘Piracy’ is defined as “illegal acts of violence, detention or any act of depredation committed on the high seas” under Article 15 of the High Seas Convention1 and Article 105 of the United Nations Convention on the Law of the Sea (“UNCLOS”) Hosoda, S., Ohira, T., & Nakamura, T. (2008). “Armed robbery at sea” is a violent act against ships or persons committed in the territorial sea. While the definitional elements of armed robbery at sea are far from settled under international law, the common divisor is that the crime is committed in an area which is exclusively under a State’s jurisdiction. E.g., the Code of Practice for the Investigation of the Crimes of Piracy and Armed Robbery against Ships adopted by International Maritime Organization (“IMO”) defines “armed robbery against ships” as “any unlawful act of violence or detention or any act of depredation, or threat thereof, other than act of piracy, directed against a ship or against persons or property on board such a ship, within a State’s jurisdiction over such offences.”5 This article would use this term in consistent with the IMO’s definition Geiss, R., & Petrig, A. (2011). The occurrence of piracy and armed robbery at sea was relatively infrequent during the Cold War.6 It was not until the late 1990s that the increase of these crimes raised serious concerns.7 The number of incidents in the post-Cold War era has increased primarily due to political and economic instability and poverty in developing countries.8 In addition, as the US and the former Soviet Union partially withdrew their naval forces in Southern Hemisphere, in particular in the Indian Ocean, States’ control over the area was loosened, which pushed the escalation of the maritime violence Brooks, R. E. (2004). The legal framework for the oceans is complex, and its effective implementation is critical to make progress on all the target areas of SDG14 and other ocean-related targets in the 2030 Agenda for 6 Chi, M. (2012).Finding out the Achilles Heels: Piracy Suppression under International Law and Chinese Law. JE Asia & Int'l L., 5, 7.
  • 7. 7 Sustainable Development. The General Assembly and the international community have recognized the key contribution of the United Nations Convention on the Law of the Sea (UNCLOS) to the sustainable development of the oceans and seas and reaffirmed that it sets out the legal framework within which all activities in the oceans and seas must be carried out and is of strategic importance as the basis for national, regional and global action and cooperation in the marine sector. In several areas, global and regional instruments, accompanied in some cases by technical guidelines for their implementation and related management tools, have been adopted which give effect to the provisions of UNCLOS (UNCLOS 1998). At the global level, UNCLOS and its implementing agreements are supplemented by several instruments including global treaties relating to sustainable fisheries, pollution from ships, maritime safety, atmospheric pollution, release of hazardous substances into the environment, and the protection of certain species or habitats and the conservation and sustainable use of biodiversity. In addition, a host of soft law instruments also contain goals and targets, ranging from the outcome documents of the successive United Nations conferences and summits on sustainable development and the annual General Assembly resolutions on oceans and the law of the sea and on sustainable fisheries to guidelines, codes of conduct and programmes of action Guilfoyle, D. (2012). 2. Statement of the Problem As previously reported, armed piracy against pirates and ships has been operating worldwide since ancient times. It is mainly concentrated in the regions where social and economic problems, lack or weak enforcement of land and maritime laws, and political unrest are found and sustained. Their occurrence or expression varies somewhat from region to region. Once the risk level for a specific type of piracy and ships armed in the region is lowered to an acceptable level, further outbreaks with this symbolic quality are found in other regions. Most countries are Pakistan in Southeast Asia is aware of the threat and potential harm of piracy to their national economy. All pirates or armed robberies fall into the category of crime in all Central Asian countries. The question is: have coastal governments in Southeast Asia done enough to counter and control maritime piracy? Alternatively, one might wonder if a coastal country in Southeast Asia is obliged to take further steps to prevent and combat piracy in its territorial waters
  • 8. 8 and waters adjacent to its territorial waters Ernst, M. O., & Banks, M. S. (2002). There is a multi- faceted relationship between Pakistan and China, which provides a good example of peaceful coexistence between the two states with different beliefs, social and political systems. Since "transit" connects the economic belt with the route of 21st Century Maritime Silk, The Gwadar Port's knot will be crucial for maritime cooperation in the future between the two countries. Emerging maritime competition in the Indian Ocean and unconventional threats to maritime security that prevail. This document includes the development of Pak-China relations, the importance of the Indian Ocean for global affairs, maritime security issues and the response to the protection of shipping and trade, as well as the growing maritime cooperation between Pakistan and China in the Indian Ocean.7 3. Objectives 1. To present the review on danger of maritime piracy to international trade, international shipping, and human society in general 2. To examine the present international efforts to combat maritime piracy 3. To review the present national practices of Pakistan, India and China to combat and control maritime piracy 4. To analyze the major difficulties arising from the present system for piracy control 5. To investigate the various possible options for combating maritime piracy 4. Research Methods The study adopts a qualitative means to discuss the significance of China’s ambitions towards the CPEC project concerning strategic deep-sea management and maritime regulations in the region, with a particular focus on the Gwadar Port. 7 Ernst, M. O., & Banks, M. S. (2002). Humans integrate visual and haptic information in a statistically optimal fashion. Nature, 415(6870), 429-433.
  • 9. 9 The article concludes that the implications of Somalia piracy to Pakistan and China’s maritime security was so grave that China was compelled to join the international community by taking part in the multinational naval task force to combating piracy signifying a cooperative role and at the same time utilizing the opportunity to come closer to Somalia by way of reopening its embassy and engaging in bilateral economic ties.8 MSA was established in 1987 as a paramilitary force and is responsible for the protection of the unauthorized exploitation of Pakistan EEZ and the enforcement of national and international maritime laws in Pakistan's waters. The force has many assets, including helicopters, hovercraft and more than a dozen fast patrol vessels. The agency's main purpose is to control smuggling along the coast, and its operations are limited to territorial waters.9 When people think of piracy and China, they think more about pirates’ centuries ago. However, piracy is a modern problem that poses a threat to international shipping, which China has a keen interest interest in fighting against this problem. Although the People's Republic of China has made international efforts to deal with piracy, it has largely ignored the issue of piracy in its own courtyard. Since China has no special national laws against piracy," the Chinese law clearly states piracy. As a criminal and does not. Do not provide a clear definition of piracy "(Chi, 2012). 5. Analysis This research will analyze the mechanism of international cooperation in suppressing pirates between Pakistan and China. The relations between China and Pakistan are very broad. To present the key implications of strengthening cooperation between Pakistan and China in the fight against piracy, the international effort to tackle piracy in this direction has to be examined from two angles: Framework for the control of piracy and Cooperation to combat piracy under, the international legal system. International cooperation has two meanings. First, it refers to cooperation between companies and private organizations, for example, the IMB and the International Maritime 8 Forces, C. M. (2011). Combined Task Force (CTF) 151. homepage, undated. As of August, 24. 9 Forces, C. M. (2016). Combined Task Force 152.
  • 10. 10 Committee (CMI). Second, it refers to the collective actions taken by countries and international government organizations, such as the IMO and ASEAN. Another type of international cooperation extends to the joint efforts of neighboring countries to tackle piracyMurphy.10 Security relations, particularly as they relate to India, are at the heart of Sino-Pakistani ties, although in the past two years economic cooperation has come to the fore with the establishment of CPEC. At the same time, as China’s interests in Afghanistan have expanded, so has its engagement with Pakistan on issues related to Afghanistan’s security and the wider threat of terrorism in the region.11 Figure 1.China’s Proposed New Silk Roads Source: Council on Foreign Relations, 2015 International Law 10 Goswami, R. (2015). UNSCR1325 and Female Ex-Combatants-Case Study of the Maoist Women of Nepal. UN Women, October. http://www. unwomen. org/en/digital- library/publications/2017/5/unscr-1325-and-female-ex-combatants (accessed April 19, 2019). 11 Goswami, R. (2015). UNSCR 1325 and Female Ex-Combatants-Case Study of the Maoist Women of Nepal. UN Women, October. http://www. unwomen. org/en/digital- library/publications/2017/5/unscr-1325-and-female-ex-combatants (accessed April 19, 2019).
  • 11. 11 Under international law, maritime piracy and armed robbery at sea have been addressed through international treaties and recommendations. Some international instruments have specific provisions related to maritime piracy and armed robbery against ships whereas others can be adapted or taken into account in the treatment of these crimes because they pertain in one way or another to crimes that are close or similar to maritime piracy and armed robbery against ships or that are treating issues related to the definition of such crimes, the criminalization, the apprehension and the prosecution of pirates and armed robbers at sea as well as human rights issues. In the following, it is worthy to analyze through the established elements of analysis those international treaties and recommendations that brought some advancement in the struggle against these two crimes in order to identify legal elements for the development of a national legislation.12 Judicial process and human rights issues As previously discussed, international law provides for States to criminalize, to assert jurisdiction over maritime piracy and armed robbery against ships’ cases. As such, in order to decide on the case, they have to be proceeded through a judicial process that is defined by a domestic legal system and procedure. Generally, it includes the arrest and investigation (usually done by law enforcement agencies), the prosecution, the trial, and the incarceration. Apart from the domestic procedural requirement that needs to be adapted to be able to treat maritime piracy and armed robbery cases, human rights issues during the judicial process need to be addressed too. Indeed, the United Nations Security Council Resolution (UNSCR) 2015 calls for consistency with international human rights law during the judicial process. The basis of human rights law is laid down in the universal declaration of human rights (UDHR) which provides for every individual equality of dignity and rights, exemption from torture or brutal, inhuman or humiliating treatment, equal justice and non-exposure to arbitrary arrest, detention or exile.13 1. According to the International Maritime Bureau's Annual Report (2019), the IMB Piracy Information Center received incidents of piracy and armed robbery against ships, compared 13 Gottlieb, Y. (2013). Combating Maritime Piracy: Inter-Disciplinary Cooperation and Information Sharing. Case W. Res. J. Int'l L., 46, 303.
  • 12. 12 in 2018. The incidents included four hijacked aircraft, ships, according to the latest IMB data, attacks and 130 aircraft aboard. Although the overall reduction in maritime piracy is a encouraging development, ships are a threat to many areas, including the Gulf of Guinea. The number of personnel hijacked in the Gulf of Guinea increased from 78 in 2018 to 121 in 2019. That equates to more than 90% of the world's abductions in the last quarter of 2019, with 64 crew members abducted in 6 separate incidents. The region was responsible for incidents, in addition to four hijackings occurring in 2019, as well as 10 ships out of ships were reported to be on fire. Armed robbery attacks increased in the Singapore Strait, with incidents reported in 2019, including in the last quarter of 2019. There were only three incidents in the same area for the whole of 2018.14 2. International cooperation against maritime piracy is authorized by Articles 100 to 107 of the1982 United Nations Convention on the Law of the Sea. According to Article 100 “All States shall cooperate to the fullest possible extent in the repression of piracy on the high seas or in any other place outside the jurisdiction of any State”. But neither “cooperate” nor “fullest possible extent” are defined anywhere in the Convention, which leaves room for each States Party to ‘cooperate’ as it sees fit. Thus, a States Party may choose to send in naval forces or not; and if naval forces are deployed and arrests made, it can choose whether to incur prosecution costs, or to hold the suspects prior to handing them over to a third country, or, simply, to let them go. And as we have seen, the latter is often the choice made.15 3. The background to this paper is that in 2010 more captured maritime pirates were released by the warships that captured them than were passed on for prosecution. We do not believe that existing ad hoc explanations for this failure are the whole story – namely that many 14 Halberstam, M. (1988). Terrorism on the high seas: the AchilleLauro, piracy and the IMO convention on maritime safety. American Journal of International Law, 82(2), 269-310. 15 Hallwood, P., &Miceli, T. J. (2011). The Law and Economics of International Cooperation Against Maritime Piracy. University of Connecticut–Department of Economics Working Papers, 12, 2011-12.
  • 13. 13 States Parties have not written relevant international law (Articles 100 to 107 of the United Nations Convention on the Law of the Sea, 1982) into national law, and that evidence is usually insufficient to prosecute suspects. Rather we offer the more encompassing argument that maritime enforcement as governed by current international law has the nature of a public good and as such suffers from free-rider problems. That is, as the shipping of no one States Party can be excluded from the benefits of reduced crime created by enforcement expenditures by other States Parties, incentives for all actors to invest in enforcement at an optimal level are lacking. In particular, we have argued that aversion to incurring costs that benefit others helps to explain why States Parties are in no rush to write international law into national law, and also why there is a preference for letting arrested suspects go rather than going to the expense of putting them on trial and imprisoning them.16 4. While prevention, deterrence and punishment constitute key approaches to addressing the maritime piracy challenge, efforts to eradicate the problem continue to be hindered by obstacles spanning a broad range of areas, including economic, financial, political and legal. Bearing in mind the main issues at stake, highlighted in Part I of this report, and the associated direct costs and second order implications, responding effectively to the challenge of maritime piracy remains a matter of strategic importance. Types of Piracy Attacks and Violence, 2006-2010 2006 2007 2008 2009 2010 Types of Piracy Attack Attempted 56 62 47 85 89 Boarded 162 169 151 155 196 Fired upon 7 14 46 121 107 Hijacked 14 18 49 49 53 Total 239 263 293 410 445 16 Ho, J. (2009). Combating piracy and armed robbery in Asia: the ReCAAP Information Sharing Centre (ISC). Marine Policy, 33(2), 432-434.
  • 14. 14 Assaulted 2 29 7 4 6 Hostage 188 292 292 889 1050 1181 Injured 5 35 32 69 37 Kidnap/Ransom 77 63 42 12 20 Killed 15 5 11 10 8 Missing 3 3 21 8 - Threatened 17 6 9 14 18 Total 317 433 1011 1169 1270 Source: ICC IMB 2006-2016 Annual Reports Table 2 Nationalities of ships attacked, January – December 2015-2019 Flag state 2015 2016 2017 2018 2019 Antigua and Barbuda 9 3 2 2 Australia 1 Austria 1 Bahamas 5 5 6 9 4 Bangladesh 1 1 Barbados 2 1 China 2 2 Comoros 1 Cook Island 1 Croatia 1 Germany 1 Ghana 1 2 Hong Kong India 2 3 4 1 Indonesia 2 4 1 1 1 Iran 1 1 Italy 3 Japan 1 1
  • 15. 15 South Korea 1 1 1 Malaysia 12 6 4 7 3 Malta 11 5 8 7 10 Nigeria 2 4 2 1 6 Niue 1 Norway 1 3 4 1 3 Panama 38 46 27 27 17 Saudi Arabia 1 2 2 1 4 Thailand 5 3 Turkey 1 1 Total Year 93 83 65 68 59 Source: ICC IMB piracy and armed robbery against ships – 2019 Annual Report Capacity Developments because of Participating In Counter-Piracy Operations 1. Pakistan has been keeping its own coast under intense surveillance since 2002. The country expanded its naval operations in 2004 and 2009 for participating in TF 150 and 151respectively. Pakistan Navy developed excellent capability over time to be part of coalition operations.17 2. A few NGOs in Pakistan have learnt how to handle negotiations with pirates. Release ofMV SUEZ and seven Pakistani crew of MV ALBEDO took place after payment of negotiated ransom. These NGOs have learnt lessons from these negotiations.GOs managed to raise more than 4 million dollars through public donations. This effort is remarkable, as philanthropists of other countries could not succeed in such a manner.18 17 Hofmeister, W. (2014).Maritime Security and Piracy Common Challenges and Responses from Europe and Asia. 18 Hribernik, M. (2013). Countering Maritime Piracy and Robbery in Southeast Asia: The Role of the ReCAAP Agreement. EIAS Briefing Paper, (2013/2).
  • 16. 16 3. Pakistan quickly notified its Guidelines for Privately Contracted Armed Security Personnel in Oct 2012.19 4. In Feb 2013, Pakistan established Joint Maritime Information Co-ordination Centre in Karachi. JMICC gathers and shares all the required information among all the nationalstakeholders for maritime domain awareness.20 5. Government of Pakistan is processing MOUs with regional countries to extend cooperation in maritime security domain. Ministry of Defense is also working on anti- piracyefforts within the framework of South Asian Association for Regional Co- operation (SAARC).21 Counter-piracy and Pakistan’s Relations with the Neighboring Countries 1. Pakistan’s two immediate maritime neighbors India and Iran have also participated incounter piracy efforts. The Indian Navy (IN) and the Islamic Republic of Iran Navy (IRIN) haveparticipated in such operations independently and are not part of any coalition. The IndianNavy participates in SHADE (Shared Awareness and De- confliction) mechanism that iscoordinated from NAVCENT Bahrain. Therefore, PN and IN know about each other’s counterpiracy operations. IRIN is not always part of SHADE mechanism Palgrave Studies (2018). 2. Pakistan’s command of Task Force 150 and 151 has had a positive impact on the Gulf countries, Yemen, Oman, Saudi Arabia and the recognised government of Somalia. Theyappreciate Pakistan’s determined efforts in Task Force 150 and 151. Many of 19 Iftikhar, M. (2016). Maritime Security Governance: Pakistan Perspective. Governance and Management Review 1 (1), 42-72. 20 Joubert, L. (2013). The extent of maritime terrorism and piracy: a comparative analysis. ScientiaMilitaria: South African Journal of Military Studies, 41(1). 21 Lain, S. and Pantucci, R. (2016), “Security and stability along the sirlk oad”, Royal United Services Institute for Defence and Security Studies, Vol. 88 No. 1, pp. 69-94.
  • 17. 17 regional countrieshave participated in CMF and counter piracy efforts following Pakistan’s example.22 Regional Cooperation Agreement on Combating Piracy and Armed Robbery Against Ships in Asia 1. Prior to the substantial rise in acts of piracy off the coast of Somalia, the region of Southeast Asia, in particular, was known as a piracy hotspot. As a consequence, the first intergovernmental regional agreement to combat piracy in Asia, namely the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP) was adopted on 11 November 2004. The Agreement entered into force on 4 September 2006 and currently has 19 Contracting States.23 2. Under ReCAAP, Contracting States are required to prevent and suppress piracy and armed robbery against ships to the fullest extent possible, to arrest pirates or persons who have committed armed robbery against ships, to seize ships or aircraft used for committing piracy or armed robbery against ships, to seize ships taken by and under the control of pirates or persons who have committed armed robbery against ships and to seize the property on board such ships and to rescue victim ships and victims of piracy or armed robbery against ships.24 3. The agreement also established the ReCAAP Informationsharing Centre (ReCAAP ISC), which was officially launched in Singapore on 29 November 2006 and formally recognized as an international organization on 30 January 2007.179 Functions of ISC include, among others, the expeditious facilitation of information relating to incidents of piracy and armed robbery against ships among the Contracting States, the collection and analysis of 22 Laska, M. N. (2012). Emerging adulthood: a critical age for preventing excess weight gain?. Adolescent medicine: state of the art reviews, 23(3), 571-588. 23 Maqsood, A. (2017), “CPEC and Maritime security of Pakistan”, http://foreignpolicynews.org/2017/11/01/cpec-maritime-security-pakistan/ 24Marex (2018), “China plans new naval base in Pakistan”, available at: www.maritime- executive.com/
  • 18. 18 information on piracy and armed robbery against ships and the preparation and dissemination of statistics to foster better understanding of the situation in Asia. The ISC must also provide appropriate alerts to Contracting States if there is a reasonable ground to believe that there is an imminent threat of incidents of piracy or armed robbery against ships.25 4. Further to the obligations noted above, ReCAAP requires cooperation between Contracting States through ISC, which is set up to facilitate the exchange of information among focal points designated by each State via a secure web‐ based information network system (INS). Additional cooperation requirements include the extradition of pirates to another Contracting State that has jurisdiction, mutual legal assistance in criminal matters, capacitybuilding to prevent and suppress piracy and to encourage shipowners to take protective measures against piracy and armed robbery against ships.26 International military and naval response to piracy 1. Military and naval forces play an invaluable role in the deterrence and interdiction of piracy and armed robbery at sea. By escorting commercial vessels through high‐risk areas, they offer safe passage that protects the vessel, its cargo and its crew against the scourge of piracy, allowing international trade to continue without disruption. The United Nations Security Council in its resolution 2020 (2011) commended the efforts of Operation Atalanta of the European Union, Operations Ocean Shield and Allied Protector of NATO, the Combined Task Force 151 of the Combined Maritime Forces and other States acting in a national capacity in cooperation with TFG and each other to suppress piracy and to protect vulnerable ships transiting through the waters off the coast of SomaliaReCAAP, I. S. C. (2012). 25 Mo, J. (2002). Options to Combat Maritime Piracy in Southeast Asia’’. Ocean Development and International Law, 33, 343. 26 Mukundan, P. (2003). Piracy and armed robbery against ships today. WMU Journal of Maritime Affairs, 2(2), 167-180
  • 19. 19 2. Individual forces have also been deployed by States including China, India, the Islamic Republic of Iran, Japan, Malaysia, the Republic of Korea, the Russian Federation, Saudi Arabia and Yemen. 3. In September 2011, the global shipping industry (represented by the round table of international shipping associations) wrote to United Nations SecretaryGeneral Ban Kimoon requesting the establishment of a United Nations force of armed military guards to be deployed in small numbers on board ships passing through the Suez Canal. Multinational Task Force‐151 1. The Multinational Task Force‐151 (CTF‐151)191 is another multinational naval task force, set up in response to piracy attacks in shipping lanes off the coast of Somalia. It was created by the United States navy in 2009 with the mission to “deter, disrupt and suppress piracy”. Countries that have participated in CTF‐151 include Canada, Denmark, France, Germany, the Netherlands, New Zealand, Pakistan, Portugal, the Republic of Korea, Singapore, Spain, Thailand, Turkey, the United Kingdom and the United States. It has been suggested that while the NATO and European Union missions offered a “Western approach” to piracy suppression, CTF‐151 would offer an “Eastern approach”Forces, C. M. (2011). 2. To deter attacks in the Gulf of Aden and protect shipping in this area, CTF151, in cooperation with the United States navy and IMO established the Internatio nal Recommended Transit Corridor (IRTC), which stretches from the BabuiMandeb strait separating the Red Sea from the Gulf of Aden, 464 nautical miles, to just north of the Archipelago of Socotra. The transit corridor is divided into several areas, and commercial and private ships passing through them are monitored and escorted by the various naval detachmentsNavy, U. S. (2009). 6. Findings The paper concludes that the Gwadar Port is a critical element for maritime security in the whole region. The study also provides an analysis of national and international, security and legal challenges associated with CPEC. Maritime Security Governance
  • 20. 20 Maritime Security Governance involves mechanisms for defined agencies in the maritime domain for responding to prescribed threats according to national policies and laws. And maritime security can be interpreted as the security of sea lines of communication (SLOC), good governance at sea and serene activities for seaborne trade with the complex nature of transnational crimes in the seas today, states realize the limitations towards conventional measures to maritime security. Due to significant numbers of crimes in the seas being outside a state’s territorial waters, international naval presence and other collective security measures have become a dire need. Maritime security governance for Pakistan is vital in reference to international security challenges and in relation Pakistan Navy has played a pro-active in the Indian Ocean region since 2004 by participating in combined task force activities for combating transnational threats as terrorism and piracy (ISPR). Pakistan Navy has extended cooperation and support in international collective security measures in the maritime domain to combat terrorism and piracy through: Combined Task Force 150: which aims towards combating terrorism in the seas, its operations include in Horn of Africa and North Arabian Sea (combined maritime forces, 2016). b) Combined Task Force 151: which aims towards combating piracy, its operations include in Red Sea, Gulf of Aden and Somali Basin Forces, C. M. (2016). Response of Pakistan towards protection of territorial waters has been through Pakistan Coast Guards, they are active in Pakistan’s coastline of Sindh and Balochistan for combating crimes as human trafficking, smuggling of weapons and narcotics (Pakistan Army). And Pakistan Maritime security agency which is a branch under Pakistan Navy and it conducts operations independently; which are national and international maritime law enforcement, search and rescue, protecting sea vessels in the region against any threats, maintaining intra-coastal and offshore navigation equipment, and protection of Exclusive Economic Zone (Pakistan Maritime Security Agency). The current literature offers clarity and a cogent position towards transnational crimes, particularly piracy and maritime terrorism. It is evident that transnational crimes in the seas have been overstated on many accounts, particularly terrorism and that also acts as a barrier towards practical policy implications. In supporting arguments towards strengthening maritime security governance in Pakistan’s perspective, Port of Gwadar and MSR are critical to both port safety and security and harmony in the waters for shipping operations. In building up the central argument’s strong
  • 21. 21 analytic direction; experience from Pakistan’s former naval chiefs and senior commandment is integral. According to Admiral (R) Noman Bashir (2014) good order in the Indian Ocean region is a challenge because terrorism in the waters faces threats from Al-Qaeda in Afghanistan, Somalian extremists’ presence in the Arabian Sea Region and the Islamic State operating in Iraq and Syria. Insurgents from these factions are operating in the waters and simultaneously are trafficking humans for training, weapons for fighting and smuggling narcotics for revenue generation. Elucidated by Admiral (R) AsifSandila (2014) Port of Gwadar not only remains beneficial to China and international shipping, but it is expected to change Pakistan’s internal infrastructure and economy by industrial development, new rail and road links and other development projects. He also argues that while piracy is a danger in straits of Malacca, Somali pirates have their presence in horn of Africa and Gulf of Aden. A point to be also considered from Port of Gwadar’s internal security is Baloch Nationalism, because lessons in the past are attacks on Chinese Engineers and expensive equipment and installations onshore being damaged. This is vital to note from two points first, smooth operations at the Sea port and second, Pakistan’s response towards security in Gwadar that equally is important to China (Kahandawaarachchi 2015). Security Council Resolutions These days, the UN Security Council has taken the lead in promoting international cooperation for the suppression of the maritime violence.83 In 2008, the Security Council adopted Resolution 1816 allowing State parties to enter the territorial waters of Somalia to repress acts of piracy and armed robbery against ships for the first time.84 It also permitted States to use all necessary measures against the same acts,85 thereby authorizing States to enforce laws in a foreign territorial sea. Resolution 1851 extended the scope over which the States could take measures not only in Somalia’s territorial sea, but also on its land.86 It affirms that the authorization provided applies only with respect to the situation in Somalia and shall not affect the rights, obligations, or responsibilities of member States.87 The Resolution repeatedly maintains that the resolution would not constitute a State practice which affects customary international law.88
  • 22. 22 One may question whether these practices affect the UNCLOS regime. Both Resolutions 1816 and 1851 were adopted under Chapter VII of the UN Charter. In general, a Security Council’s decision under Chapter VII may authorize States to undertake actions in a foreign territory without the consent of that territorial State.89 However, it would be misleading to interpret these resolutio ns as creating a new basis for law enforcement that is not provided in the UNCLOS. They clearly stipulate that taking such measures requires the advance consent of the Transitional Federal Government (“TFG”)90 of Somalia and that the law enforcement shall be conducted in a manner consistent with the UNCLOS.91 Resolution 1816 affirms that international law, as reflected in the UNCLOS, sets out the legal framework applicable to this situation.92 Hence, it requests that cooperating States take appropriate steps to ensure that the activities they undertake pursuant to the authorization do not have the practical effect of denying or impairing the right of the innocent passage of ships of any third State.93 CPEC and Security Challenges Regional and internal security is one of the biggest challenges to CPEC (Small, 2015). In spite of various military operations, Pakistan is still facing some security constraints in certain areas such as militants and extremist groups target government officials, religious or ethnic minority groups, security forces, gas pipelines and power pylons and in some cases, Chinese workers and engineers have been kidnapped and killed, which has caused significant economic as well as human damage to the country (Shah, 2013; Syed et al., 2016; Arifeen, 2017). The security agencies in Pakistan have taken pertinent measures and rendered a great job to ensure the better security conditions in these areas. To this end, a Special Security Division including 12,000 troops has been established by the Pakistan Army to safeguard and look after the security issues in CPEC projects (Gishkori, 2015; Khan, 2016b). The various military operations have significantly brought down the violence in Pakistan (Human Rights Watch, 2018). Also, Chinese and Pakistan’s Navy ships will jointly protect and safeguard the maritime corridor. The Pakistan Navy has launched a special task force “TF-88” in December 2016, which makes sure the security measures for maritime trade; China will provide four ships to PMSA for this purpose (Gady, 2017). Possible threats to Port of Gwadar and commercial activities in Pakistan’swaters:
  • 23. 23 i. Smuggling of terrorists, weapons, narcotics and humans in commercial containers. ii. Hijacking of a Ships. iii. Attacks on vessels carrying petro-chemical commodities/LNG. iv. Attack on oil tanker. v. Attack onshore facilities of Gwadar port; example LNG terminal. vi. Insurgents using land around the port for a possible attack. vii. Illegal Fishing Strengthening Maritime Security Governance fits under Pakistan’s broader strategy where the current focus is on maintaining peace and stability in the seas and moving towards a direction of economic prosperity. All of these aspects are associated with an effective maritime security mechanism that strengthens existing capabilities for combating threats that are transnational in nature. Further perspectives under international relations; regionalism, constructivism and critical security studies approach are examined for supporting their position towards the need of strengthening Maritime Security Governance. As the same not only secures Pakistan’s internal development interests, but signifies a) Pak-China Relations b) 21st Century Maritime Silk Road c) over all Social Environment d) Regional Peace f) Security of political decisions. Attempts aimed at promoting greater international cooperation In the preceding section it was argued that States Parties will tend to under-invest in provision of maritime enforcement because of its public good nature. Thus, if maritime policing is to be provided at anything like the socially optimal level, some degree of increased international cooperation needs to be organized beyond commitments made in the United Nations Convention on the Law of the Sea Articles 100 to 107. In fact, several such efforts have been attempted. The U.N. Security Council in 2008 issued Resolutions 1816, 1838, 1846 and 1851, which exhorted States Parties with warships in the Horn of Africa area to cooperate and to undertake greater efforts to capture and bring pirates to justice. Resolution 1816 allowed states cooperating with the Somali Transitional Government (STG) to pursue pirates in Somalia’s territorial waters; Resolution 1838 urged States Parties to protect shipping engaged in World Food Program activities; Resolution 1846 extended the period in which States Parties warships could enter Somalia’s territorial sea;
  • 24. 24 and Resolution 1851 enabled States Parties to pursue Somali pirates ashore. But none of these resolutions required States Parties to step up their anti-piracy efforts.27 Discussion It is clear that transnational crimes in the seas do remain a challenge to maritime security. But there are certain areas that need to be examined carefully while devising a concrete strategy for strengthening maritime security governance. Three major challenges in the seas are piracy, maritime terrorism and trafficking and they offer extensive literature that has helped examine: 1) Limitations to maritime terrorism b) Importance of collective security c) Reduction to piracy in the Indian Ocean does not mean its complete eradication d) Trafficking can be used to finance criminal operations and use weapons and recruit new members f) Onshore security of the port remains equally important to maritime operations. Maritime security governance as an approach needs to consider number of factors. While some initiatives have been taken by Pakistan Navy such as participation in the combined task force though, there is space for improving collective security measures. As many challenges to maritime Security are within both onshore and offshore areas; first faces threats toward port facilities and equipment and the latter for sea traffic. 7. Recommendations 1. Pakistan needs to build professional capacity to follow the world’s maritime dialogues. 2. Pakistan also needs to improve participation at the level of Working Groups of CGPCS. Additionally, she needs to disseminate information about Pakistan’s vigorous naval operations in Task Forces 150 and 151 at the international diplomatic and UN meetings. 3. The imposition of a large High Risk Area (HRA) for such a long period has had adverse impact on Pakistan’s maritime trade and activities. CGPCS should impress upon IMO and UKMTO to review HRA periodically and modify HRA in a dynamic manner, according 27 Murphy, M. N. (2012). International cooperation against piracy: China's role, problems, and prospects. WMU Journal of Maritime Affairs, 11(1), 71-81.
  • 25. 25 to weather and last 6 months’ pirate activity. Each CGPCS plenary meetings should review extent of HRA. 4. Integrating cotemporary technologies and systems; Underwater and Aerial Surveillance and Integrated Automated Fingerprint Identification System. 5. Initiating collective security measures domestically and regionally; first between local government institutions and second member states of the MSR. 6. Adapting best practices through UNCLOS, ISPS Code, and World Customs Organization. 8. Conclusions International efforts to combat maritime piracy have provided valuable experience in tackling piracy problems. This research examines the merits and weaknesses of current international efforts to combat piracy in order to assess future options for combating and controlling piracy in Southeast Asia.It is a significant achievement of Pakistan Navy which would pave the way for further cooperation in the South Asian region. In the contemporary international political environment, Pakistan is attracting other countries, who realize its geostrategic importance because of China Pakistan joint venture ‘China Pakistan Economic Corridor under China Belt and Road Initiative’. CPEC includes a network of roads and railways, various energy projects, and the development of Gwadar Port, industrial cooperation, telecommunication, proposed special economic zones and social sector development projects. The whole venture of CPEC revolves around the development of Gwadar Port which is a great asset of Pakistan and is a main feature of the China-Pakistan Economic Corridor. It is the key to the belt and road initiative. Pakistan’s Navy has established its Special Task Force-88 to make this area secure, as maritime traffic through Gwadar Port is expected to increase exponentially. One may say that the success of CPEC depends upon its maritime security. Constructivism in international relations explains personal and social factors in international relationships that are an outcome of identities and cultures than choices based on power or material benefits. (Jackson and Nexon 2002). According to Hurd (2008) the constructivist approach has been productive in this area because of its focus on the social content involved in the production of international relations, including state interests. Perhaps, cooperation and constructive outcomes between states in this approach is possible under mutual trust. In regards to Pakistan and China’s relationship, it has evolved strong since the 1950s, there has been firm history of cultural exchanges, support, trade and now development in the seas under 21st Century
  • 26. 26 Maritime Silk Road. Port of Gwadar’s development is based on both Pakistan and China’s identical choices that are economic-social growth and prosperity. The significance of this mega initiative by China can be understood through long term goals of both countries. Smooth activities at the Port of Gwadar and the Arabian Sea are critical towards the overall MSR initiative, therefore strengthening maritime security governance remains integral. Hence, an effective mechanism is in need as Pakistan’s broader strategy aims at cooperation in the maritime domain, and also to sustain peace in the region by addressing transnational threats. It is a significant achievement of Pakistan Navy which would pave the way for further cooperation in the South Asian region. In the contemporary international political environment, Pakistan is attracting other countries, who realize its geostrategic importance because of China Pakistan joint venture ‘China Pakistan Economic Corridor under China Belt and Road Initiative’. CPEC includes a network of roads and railways, various energy projects, and the development of Gwadar Port, industrial cooperation, telecommunication, proposed special economic zones and social sector development projects. The whole game of CPEC revolves around the development of Gwadar Port which is a great asset of Pakistan and is a main feature of the China-Pakistan Economic Corridor. It is the key to the belt and road initiative. Pakistan’s Navy has established its Special Task Force-88 to make this area secure, as maritime traffic through Gwadar Port is expected to increase exponentially. One may say that the success of CPEC depends upon its maritime security. References 1. Ahmad, M., (2014). Improving Regional Trade to Support Pakistan’s Economic Growth, The Lahore Journal of Economics, 19: 461-469 2. Ahmed, Z. S. (2016). Regionalism and regional security in South Asia: The role of SAARC. Routledge. 3. Azubuike, L. (2009). International law regime against piracy. Ann. Surv. Int'l & Comp. L., 15, 43. 4. Chang, D. (2010). Piracy laws and the effective prosecution of pirates. BC Int'l & Comp. L. Rev., 33, 273..
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