operations have influenced the development of the legal frameworks concerning the
control of the use of force at sea within the various strategic waterways. The
variations are linked to the extent that a specific state is willing and able to open
up to and regulate PMSC activities, especially the use of force at sea. While their
presence is an exception to the norm in the case of the Strait of Malacca, their
presence in the Gulf of Aden has become the norm. The seemingly more central role
of PMSCs with their engagement in the Gulf of Aden is not as apparent in the Gulf of
Guinea. These variations point to an inference that PMSC engagement for combating piracy is not necessarily a one-size-fits-all solution. Ultimately, the level of
PMSC participation depends on how the state chooses to exercise the traditional
principles of state sovereignty or the possible development of what Prof. Ryngaert
describes as “an alternative world in which nonstate actors have acquired enhanced
normative agency.”
163
References
Aatstad AK (2017) Maritime security and transformations in global governance. Crime Law Social
Change 67(3):313–331
Affi L, Elimi A, Knight WA, Mohamed S (2016) Countering piracy through private security in the
Horn of Africa: prospects and pitfalls. Third World Q 27(5):934–950
Anele KK (2017) A study of the role of seafarers in combating piracy off the coast of Nigeria.
WMU J Marit Aff 16:313–349
Ashworth AJ (1975) Self defence and the right to life. Camb Law J 34(2):282–307
Avant D (2004) The privatization of security and change in the control of force. Int Stud Perspect
5:153–157
Bahama Maritime Authority (2011) Guidance to shipowners on carriage of armed personnel for
vessel protection
Barnes R (2015) Flag states. In: Rothwell DR et al (eds) The Oxford handbook on the law of the sea.
Oxford University Press, Oxford
Berube CG, Cullen P (2012) The emergence of maritime private security. In: Berube CG, Cullen P
(eds) Maritime private security: market responses to piracy, terrorism and waterborne security
risks in the 21st century. Routledge, Oxon
Bile AK (2013) Warships alone will not curb piracy off piracy off the Somalia Coast: lessons from
Puntland, State of Somalia. In: Mejia MQ Jr, Kojima C, Sawyer M (eds) Piracy at sea. Springer,
Berlin
BIMCO (2012a) GUARDCON Standard Contract for the Employment of Security Guards on
Vessels (2012)
BIMCO (2012b) Guidance on Rules for the Use of Force (RUF) by Privately Contracted Armed
Security Personnel (PCASP) in Defence of a Merchant Vessel (MV)
Bockmann MW, Katz A (2012) Shooting to kill pirates risks backwater moment. Retrieved 22 May
2018 from www.globalpolicy.org/pmscs/51600-shooting-to-kill-pirates-risks-blackwatermoment.html
Brinberg D, Wood R (1983) A resource exchange theory analysis of consumer behaviour. J
Consum Res 10(3):330–338
163 Ryngaert (2017), p. 159.
202
O. A. Eruaga
control of the use of force at sea within the various strategic waterways. The
variations are linked to the extent that a specific state is willing and able to open
up to and regulate PMSC activities, especially the use of force at sea. While their
presence is an exception to the norm in the case of the Strait of Malacca, their
presence in the Gulf of Aden has become the norm. The seemingly more central role
of PMSCs with their engagement in the Gulf of Aden is not as apparent in the Gulf of
Guinea. These variations point to an inference that PMSC engagement for combating piracy is not necessarily a one-size-fits-all solution. Ultimately, the level of
PMSC participation depends on how the state chooses to exercise the traditional
principles of state sovereignty or the possible development of what Prof. Ryngaert
describes as “an alternative world in which nonstate actors have acquired enhanced
normative agency.”
163
References
Aatstad AK (2017) Maritime security and transformations in global governance. Crime Law Social
Change 67(3):313–331
Affi L, Elimi A, Knight WA, Mohamed S (2016) Countering piracy through private security in the
Horn of Africa: prospects and pitfalls. Third World Q 27(5):934–950
Anele KK (2017) A study of the role of seafarers in combating piracy off the coast of Nigeria.
WMU J Marit Aff 16:313–349
Ashworth AJ (1975) Self defence and the right to life. Camb Law J 34(2):282–307
Avant D (2004) The privatization of security and change in the control of force. Int Stud Perspect
5:153–157
Bahama Maritime Authority (2011) Guidance to shipowners on carriage of armed personnel for
vessel protection
Barnes R (2015) Flag states. In: Rothwell DR et al (eds) The Oxford handbook on the law of the sea.
Oxford University Press, Oxford
Berube CG, Cullen P (2012) The emergence of maritime private security. In: Berube CG, Cullen P
(eds) Maritime private security: market responses to piracy, terrorism and waterborne security
risks in the 21st century. Routledge, Oxon
Bile AK (2013) Warships alone will not curb piracy off piracy off the Somalia Coast: lessons from
Puntland, State of Somalia. In: Mejia MQ Jr, Kojima C, Sawyer M (eds) Piracy at sea. Springer,
Berlin
BIMCO (2012a) GUARDCON Standard Contract for the Employment of Security Guards on
Vessels (2012)
BIMCO (2012b) Guidance on Rules for the Use of Force (RUF) by Privately Contracted Armed
Security Personnel (PCASP) in Defence of a Merchant Vessel (MV)
Bockmann MW, Katz A (2012) Shooting to kill pirates risks backwater moment. Retrieved 22 May
2018 from www.globalpolicy.org/pmscs/51600-shooting-to-kill-pirates-risks-blackwatermoment.html
Brinberg D, Wood R (1983) A resource exchange theory analysis of consumer behaviour. J
Consum Res 10(3):330–338
163 Ryngaert (2017), p. 159.
202
O. A. Eruaga