Abstract
Keith begins this paper with some facts about present day piracy at sea, before turning to consider aspects of the substantive law of piracy with the purpose not just of description but also for reasons of legal method - to see how the law has developed, how it is enforced, and how it is written, and to see as well its extension by analogy.
Keith provides a range of case examples, and poses appropriate several legal questions about the law of piracy. The first of these is, is piracy limited to the high seas as is often said? Second, must piracy necessarily involve an attack from outside the ship being taken, known as the two-ships rule? Third, is an act of piracy limited to acts of private depredation and private plunder or can it extend to public purposes? Lastly, who has the power or jurisdiction to seize the vessel (and where), to arrest the pirates (and where), and to try them? Keith observes that there may also be questions of jurisdiction in relation to the vessel and property taken, and the severe practical questions of the actual exercise of enforcement powers.
This copy of the address was originally published in Volume 16 of the Australian and New Zealand Maritime Law Journal (2002), at page 7.