Still further, some of the vessels of international commerce carry hazardous materials (for example, the Golden Nori was a chemical tanker). In this way, piracy poses a potential threat to international security. Western nations that themselves face few dangers have a strong incentive to become more involved in piracy disruption due to possible environmental hazards. Some might even see piracy prevention as a part of the US’ War on Terror. Though sea terrorism has been rare thus far, one successful serious incident could paralyze sea lanes and harm international trade.

Flaws in the System

Many efforts to deal with piracy in the past have proven inconclusive. The reality is that combating piracy is an extremely problematic and complex issue.

First, piracy is unpredictable and data is often inaccurate, meaning that anti-piracy efforts cannot always find their targets. Even though piracy-reporting is not a terribly difficult process, some rural fishermen lack the knowledge and technological connections to report attacks. Moreover, fishermen or shipping companies may choose not to report attacks. Fisherman may take this option if they are attacked while fishing in illegal zones. This issue is a particular problem in Southeast Asia, where many fishing zones are restricted by government regulations for ecological protection. While these regulated zones certainly play an important role in environmental protection, Southeast Asian nations might gain more accurate piracy data by decreasing penalties on fishermen who report attacks. Finally, shipping companies may not report incidents because they fear that their rates will increase if insurance companies believe that they are sailing on risky seas. These barriers to obtaining accurate data on piracy act significantly hinder effective enforcement.

Individual nations and regions also have difficulty dealing with the issue on their own. Few countries in the world have navies powerful enough to combat piracy alone; in order to increase sea patrols, they require larger, more effective navies as well as better technology. Several technological innovations are available that enable nations to track the positions of ships and pirates in the area. However, this technology is expensive, and many of the nations that fall prey to frequent pirate attacks simply do not have the necessary funds to purchase such equipment. Furthermore, even if they had the money, some nations, namely unstable ones like Somalia, lack the state capacity to utilize the technology effectively because their law enforcement officials have no legitimacy. Therefore, anti-piracy efforts rely on naval aid from foreign nations with an interest in securing their merchant ships from harm.

The United States is one of the few nations with naval patrols actively operating around the world to combat piracy. Recently, the United States began the Africa Partnership Station (APS), which aims to train West African navies to fight piracy more effectively in their home countries. In conjunction with that effort is the Africa Command (AFRICOM), which coordinates US military efforts with 53 African countries and aims not to engage in military operations, but to strengthen the foundations of military and security forces in African countries. These efforts should help African countries in the long-term, but the prospects for decreasing piracy are slim in the near future

Despite the fact that almost every nation in the world utilizes global shipping, few nations actively police the seas. Even when international ships are sent to combat piracy, they do not have the ability under the UN Convention on the Law of the Sea (UNCLOS) to fight pirates once they enter territorial waters, leaving the pirates with easy escape routes. The problem is that Article 101 of UNCLOS defines piracy as taking place “on the high seas” and for “private ends.” The former is problematic because it restricts piracy to occurring only in international waters, while the latter fails to acknowledge piracy for political means such as terrorism. Due to concerns over these phrases, the United States has failed to ratify the treaty, decreasing the legitimacy of the agreement. Even though the UN, through the IMO, takes on the task of policing international waters, UNCLOS’ narrow definition prevents the organization from effectively combating piracy.

Strengthening the Regime

Globalization increases every nation’s interest in high-seas security. The international community must step forward to combat piracy with tangible measures. The first and most obvious step that both the UN and individual nations must take to decrease piracy is to increase international patrols of the seas. According to Noel Choong of the IMB’s Piracy Reporting Centre, the increased presence of international naval ships, even without authority to enter territorial waters, will likely deter some pirates from operating.

These patrols would be more effective if they were coordinated through an international organization, such as the United Nations, because they would place less of a burden on individual navies. In order for countries to work through the UN, however, the UN must redefine piracy and acknowledge the true gravity of the problem. The organization’s narrow definition of piracy only serves to underestimate the problem and block effective solutions. Article 101 of UNCLOS must be amended to recognize “illegal acts of violence or detention” within territorial waters as piracy and add attacks committed for political gain to the definition. The writers of the new definition must also note that the measure is meant to assist nations, not impinge upon state sovereignty. The United Nations might include language in the new clause allowing patrols only in the territorial waters of nations that have no coast guards or nations located in key shipping areas.

In order to sustain and strengthen the anti-piracy regime, the international community must also work to strengthen the enforcement capabilities of individual nations. Doing so will ensure that vulnerable nations do not become reliant on the protection of powerful countries. This action is especially necessary in Africa, where national governments often lack the military or economic power to enforce laws. The first steps toward increasing government legitimacy and capacity have already been taken through AFRICOM and APS. International organizations can promote this goal through measures such as increasing foreign aid and providing much-needed logistical training to national maritime security forces.