Piracy at High Seas

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Somali piracy which began in the early 2000s is in fact Somalis effort to deter illegal dumping and fishing. It is no secret that the US (the major exporter of toxic wastes) and some European nations to prefer to use “third world” nations as dumpsites for harmful wastes that they would not bury in their own nations. Until 1995 when the Basel Convention was ratified, making it illegal to dump toxic waste in developing nations, several “developed” nations dumped and continue to dump their untreated toxic wastes in developing nations; most in Africa. Unfortunately, even when the governments of developing nations under the original Basel Convention could accept toxic wastes, some willingly accepted without knowing the contents (seeing some were sent under false labels). There are International laws that govern activities in the high seas inside and beyond the jurisdiction of Coastal Nations/Countries: UNCLOS Article 101(a)(ii); UNCLOS Article 228; UNGA Resolution 44/225; UN Convention on Environmental Impact Assessment; The Bamako Convention While these laws are expected to be implemented by the various nations, some nations and people often exempt themselves from those portions that do not please them; such as in the case of Taiwanese Chai Ding Bong who claimed “nobody has the right to tell you what you can do in International waters.” Driven by a Self-Defense doctrine, the International protective principle and the precautionary principle give coastal nations not only the power, but the obligation to take affirmative actions to prevent people from degrading world marine resources. Accordingly, Nations whose resources are threatened by illegal fishing, dumping and pollution are given the right under both the protective and precautionary principles to take action! In the past, the US, Soviet Union and others have seized vessels and/or arrested violators operating within their high seas jurisdiction. These considered, it appears the Somali "pirates" are acting in accordance with international laws! A vessel just does not go in the high seas jurisdiction of another nation for covert activities (especially if its flag nation is noted for violations), unless of course when in distress – in which case, the trespasser will have to bear the burden of proof. Some nations, such as the US, even have national rules governing activities in the high seas for their coastal states for those portions of the high seas considered the territory of a US state. Please see Oregon’s ORS chapter 509.365 and ORS 509.015. Lack of respect for others and disregard for the rights of others in their territories appear to be the major problem in most of our International disputes. If only we will all learn to respect others and their rights, we may all begin to live in harmony!