Piracy: High Seas, Violent Theft, and Private Ends

Abstract

In this paper, Harvey considers piracy not in its criminal context but in a civil context. Harvey states that, since at least the mid-seventeenth century, piracy has been regarded as one of the perils of the sea under a marine insurance policy. It is principally in that regard that much judicial ink has been spilt in determining what piracy is, and whether particular acts constitute piracy under the terms of a policy of insurance.

Harvey explores the meaning of piracy in this paper, noting that the cases which have considered the meaning of 'pirate' or 'piracy' in an agreement have generally focused on three issues: 1) Whether piracy must take place on the high seas; 2) Whether piracy must involve some type of violent theft; and 3) Whether pirates must act for their own private ends.