Minnesota Law Review

Note, UNCLOS, but No Cigar: Overcoming Obstacles to the Prosecution of Maritime Piracy

The international response to acts of maritime piracy around Somalia requires a credible foundation in international law. Naval patrols from nearly every world power lack accurate and well-reasoned jurisdictional mandates necessary to carry out their duties effectively. They want for this essential legal complement because their states fail to thoroughly asses the rel­evant international laws that ought to guide such conduct. After the lives lost and the millions spent to recover surviving hostages, the United Nations Convention on the Law of the Sea will be the most significant victim of this oversight. Its articles on piracy and supporting commentary prohibit the exercise of jurisdiction over suspected pirates by any state other than that which apprehends them. Yet capturing naval ships transfer suspects to other states as a matter of standard practice, and undermine the convention’s status as a codification of custom­ary international law in doing so. The Note reasons that transfers of suspected pirates are legally permissible, but should not remain the default practice. It argues for a comprehensive assessment of the legal forces that factor in the piracy problem, and for revision of the convention in order to facilitate an effective front-line response to the pirate scourge.

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    The Volume 97 Lead Piece, a study of how the Supreme Court treats business interests by distinguished legal scholars Lee Epstein, William M. Landes, and Richard A. Posner, was profiled in the May 5, 2013 edition of the New York Times. The story, titled Corporations Find a Friend in the Supreme Court, [...]

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    The Minnesota Law Review has closed the spring submissions period for Volume 98. Submissions for Volume 98 will reopen on Thursday, August 1. Please see the submissions page for more details.

  • Volume 98 Submissions Will Open Feb. 15

    The Minnesota Law Review will begin accepting submissions for Volume 98 on Friday, February 15, 2013. Please see this page for more details.

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    The Minnesota Law Review is pleased to announce its Volume 98 editorial board, headed by Editor in Chief Jake Vandelist.

  • Minnesota Law Review Announces 2013 Symposium Topic

    The Minnesota Law Review is pleased to announce that its 2013 symposium will address the legal and political issues facing organized labor in the United States. The symposium will be held at the University of Minnesota Law School on October 25, 2013.

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