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Lloyd's Shipping & Trade Law

Towards the establishment of specialised anti-piracy courts

The latest developments in the United Nations reveal a major change in the approach of the international community in addressing the problem of piracy off the Somali coast by changing its focus at judicial level from a regional or international tribunal to a system of specialised anti-piracy courts. The proposed scheme envisages a number of states in the region, including Somalia, establishing independently operating courts, assisted by a regional prosecution centre in cooperation with the respective jurisdictions. This scheme seeks to enable Somalia to undertake an increasingly active involvement in the overall context of international efforts and enhance its national responsibility by bringing the country to the forefront of a future comprehensive solution to the problem of piracy. However, the proposed court system is currently facing a number of challenges as crucial issues remain unresolved. Ongoing discussions place emphasis on the aspect of international assistance among the reasons that currently hinder the swift and effective implementation of the proposed court system.

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