eventually join. ReCAAP was finalized in Tokyo on November 11, 2004,
46 opened
for signature on February 28, 2005, and entered into force on September 4, 2006.
The Agreement has also attracted the interest of external countries with substantial
shipping interests in the region; Norway (August 31, 2009), Netherlands (July
3, 2010), Denmark (November 20, 2010), the United Kingdom (May 2, 2012),
Australia (August 3, 2013), and the United States of America (September
22, 2014) have all subsequently acceded to the agreement.
47 To date, neither
Malaysia or Indonesia have joined.
A unique mixture of an area regime having both regional and international
members, ReCAAP has paved the way for other area agreements with a more
discreet international footprint. It implicitly suggests a diminishing in importance
for universal treaties and a move toward more regional agreements. Additionally, the
establishment of an Information Sharing Centre represents a “bricks and mortar”
innovation with ramifications for many future agreements.
2.7 Early African Agreements: The Djibouti Code of Conduct
(2009) and the Jeddah Amendment (2017)
The Djibouti Code of Conduct concerning the Repression of Piracy and Armed
Robbery against Ships in the Western Indian Ocean and the Gulf of Aden (the
Djibouti Code of Conduct) came into force on January 29, 2009. In addition to
providing a structure for communication, cooperation, and coordination, signatories
agreed to assist in the investigation, arrest and prosecution of those reasonably
suspected of having engaged in acts of piracy and armed robbery against ships, the
interdiction and seizure of suspect ships and property, the rescue, care, and repatriation of affected persons and property, and “the conduct of shared operations – both
among signatory States and with navies from countries outside the region.”
48
Djibouti Code of Conduct signatories included:
• Djibouti
• Ethiopia
• Kenya
• Madagascar
• Maldives
• Seychelles
• Somalia
46 Association of Southeast Asian Nations. But see ASEAN: Boost for anti-piracy measures, which
states “an agreement was signed in November 2004.”
47 See generally ReCAAP News Releases.
48 The Djibouti Code of Conduct.
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