security threat of piracy. The next section focuses on how PMSCs contribute to the
development of the legal regime and therefore, how they participate in influencing
the international legal regime. In this section, the chapter first critiques the legal
framework governing PMSC engagement. Following a review of the legal framework governing PMSC engagement, the section goes further to consider how
PMSCs are contributing to redefining the maritime security landscape through
their roles. Section 3 recognises that the deployment of armed guards on merchant
vessels remains a challenge due to the practicalities of enforcing compliance and
control as well as regulatory deficiencies and individual concerns on the impact of
sovereignty. Although the control of their activities is difficult, it may not necessarily
be impossible. What is required is the existence of effective regulations coupled with
the capacity and capability of states to hold PMSCs responsible for violations of
these laws, if they occur. The chapter concludes by suggesting that well-considered
accommodation on the part of states concerning PMSC operations may be inevitable
if these are to maintain control over a rapidly changing maritime security seascape
and achieve the much-desired enhanced security in the maritime domain.
1 The Threat of Maritime Piracy: State Response
and the Rise of PMSCs
International trade relies heavily on the movement of goods through shipping.
Currently, shipping accounts for the transport of over 80% of goods globally.
8
Maritime security threats such as piracy and armed robbery against ships are
known to disrupt the movement of vessels and their cargo and as a result, the
economies of states and the safety of the crew.
9 This section focuses on the existence
of the threat in three strategic waterways. It discusses state response to the threat at a
national and international level and the beginnings of PMSC utilisation.
8 UNCTAD (2017), p. 16. The volume of trade conducted by sea expanded in volume by four
percent in 2017. See UNCTAD (2018), p. 72.
9 International law distinguishes between the threat of piracy and armed robbery against ships. See
United Nations, Convention on the Law of the Sea (UNCLOS 1982) Article.101; IMO, Resolution
A 26/Res.1025, 18 January 2010 annex 2.2. Following the definition in the strictest sense, the threat
of piracy becomes almost non-existent globally. Contemporary maritime scholars argue for an
expansion of the definition of the threat of piracy to cover persistent acts of armed robbery against
ships. Gagain (2010), p. 180; Mejia (2003), p. 153; Kao (2016), p. 1.
Private Maritime Security Companies Within the International Legal. . .
177
development of the legal regime and therefore, how they participate in influencing
the international legal regime. In this section, the chapter first critiques the legal
framework governing PMSC engagement. Following a review of the legal framework governing PMSC engagement, the section goes further to consider how
PMSCs are contributing to redefining the maritime security landscape through
their roles. Section 3 recognises that the deployment of armed guards on merchant
vessels remains a challenge due to the practicalities of enforcing compliance and
control as well as regulatory deficiencies and individual concerns on the impact of
sovereignty. Although the control of their activities is difficult, it may not necessarily
be impossible. What is required is the existence of effective regulations coupled with
the capacity and capability of states to hold PMSCs responsible for violations of
these laws, if they occur. The chapter concludes by suggesting that well-considered
accommodation on the part of states concerning PMSC operations may be inevitable
if these are to maintain control over a rapidly changing maritime security seascape
and achieve the much-desired enhanced security in the maritime domain.
1 The Threat of Maritime Piracy: State Response
and the Rise of PMSCs
International trade relies heavily on the movement of goods through shipping.
Currently, shipping accounts for the transport of over 80% of goods globally.
8
Maritime security threats such as piracy and armed robbery against ships are
known to disrupt the movement of vessels and their cargo and as a result, the
economies of states and the safety of the crew.
9 This section focuses on the existence
of the threat in three strategic waterways. It discusses state response to the threat at a
national and international level and the beginnings of PMSC utilisation.
8 UNCTAD (2017), p. 16. The volume of trade conducted by sea expanded in volume by four
percent in 2017. See UNCTAD (2018), p. 72.
9 International law distinguishes between the threat of piracy and armed robbery against ships. See
United Nations, Convention on the Law of the Sea (UNCLOS 1982) Article.101; IMO, Resolution
A 26/Res.1025, 18 January 2010 annex 2.2. Following the definition in the strictest sense, the threat
of piracy becomes almost non-existent globally. Contemporary maritime scholars argue for an
expansion of the definition of the threat of piracy to cover persistent acts of armed robbery against
ships. Gagain (2010), p. 180; Mejia (2003), p. 153; Kao (2016), p. 1.
Private Maritime Security Companies Within the International Legal. . .
177