REGULATIONS IN THE 1982 UNITED NATIONS CONVENTION ON THE LAW OF THE SEA AND SOME RECOMMENDATIONS FOR IMPROVED PREVENTION OF CRIMES AT SEA IN VIETNAM

ABSTRACT

Upon the National Assembly’s ratification on June 23, 1994, Vietnam entered into the 1982 United Nations Convention on the Law of the Sea (1982 Convention) on December 10, 1982 and became the 63^rd member State of the 1982 Convention [10]. The concern of crimes at sea is regulated as one among important parts of the 1982 Convention that requires member States to take preventive actions. Vietnam's 3,260 km-long coastline along the East Sea as a world’s major maritime route earns this country immense wealth of marine, economic and political resources, whilst exposing Vietnam to the challenges of maritime security protection and combat against crimes at sea. A fruitful struggle against these crimes requires us to, among other actions, finalize the criminal legislation in conformity to international legal frameworks, so as to create a solid legal foundation for the treatment of practical criminal acts.

АННОТАЦИЯ

 После ратификации Национальным собранием 23 июня 1994 г. Вьетнам вступил в Конвенцию ООН по морскому праву 1982 г. (далее- Конвенция 1982 г.) и стал 63-м государством-участником Конвенции 1982 г. Проблема преступлений на море регулируется как одна из важных частей Конвенции 1982 г., которая требует от государств-членов принятия превентивных мер. Береговая линия Вьетнама протяженностью 3260 км вдоль Восточного моря как главного морского пути мира приносит этой стране огромное богатство морских, экономических и политических ресурсов, в то же время, подвергая Вьетнам проблемам защиты морской безопасности и борьбы с преступлениями на море. Плодотворная борьба с этими преступлениями требует от нас, среди прочего, доработки уголовного законодательства в соответствии с международными правовыми актами, чтобы создать прочную правовую основу для рассмотрения практических уголовных деяний.

Keywords: 1982 United Nations Convention on the Law of the Sea, crimes at sea, Vietnam Criminal Code.

Ключевые слова: Конвенция ООН по морскому праву 1982 г., преступления на море, Уголовный кодекс Вьетнама.

1. The 1982 United Nations Convention on the Law of the Sea’s regulations on crimes at sea

As stipulated by the 1982 Convention, acts violating international laws and deemed as crimes at sea include: Piracy (Articles 100 - 107), transport of slaves (Article 99), Illicit traffic in narcotic drugs or psychotropic substances (Article 108), and unauthorized broadcasting from the high seas (Article 109). These refer to a group of transnational crimes, which not only violate the interests of a specific country but also affect the interests of international communities. Therefore, it requires the joint efforts of the 1982 Convention member States for the prevention of these crimes to take effect. Pursuant to the 1982 Convention, these acts are specifically described as follows:

First, piracy (Articles 100 - 107 of the 1982 Convention). Under Article 101 of the 1982 Convention, any of the following acts are deemed as piracy:

(i) Attacking a ship or aircraft on the high seas or in areas not under the jurisdiction of any State. The attack may refer to any act of violence in attempt to control or carry out acts against ships or aircrafts on sea areas not under the jurisdiction and sovereignty of any coastal State;

(ii) Attacking or detaining persons or properties on board ships or aircrafts on the high seas or in areas outside the jurisdiction of any State. This may refer to any act of violence in attempt to attack or detain persons on board ships or aircrafts that occurs on the high seas or in areas not under the jurisdiction of any State. Unlike the former act that targets the normal and lawful operation of means of transport, this act targets human;

(iii) Plundering properties on board a ship or aircraft on the high seas or in areas outside the jurisdiction of any State. Plundering may be interpreted as the act of violence, threat of violence or any other attempt to seize properties and the act of destroying or damaging properties on board a ship or aircraft on the high seas or in areas outside the jurisdiction of any State;

(iv) Voluntarily participating in the operation of a ship or an aircraft with knowledge of facts making it a pirate ship or aircraft;

(v) Inciting an act described above in order to facilitate any act of piracy.

Besides, pursuant to Article 101 of the 1982 Convention, the guilt of piracy is constituted only if the above said acts are committed by “the crew or the passengers of a private ship or a private aircraft” and “for private ends”. Therefore, an unauthorized attack carried out by a military or state-owned ship or aircraft against a craft of another country will not be considered as an act of piracy under the 1982 Convention.

It is provided by Article 105 of the 1982 Convention that any State may seize a pirate ship or aircraft, or a ship or aircraft appropriated by an act of piracy and in the hands of pirates, and may detain persons and seize properties on board such ship or aircraft. Moreover, the Court of the State which has carried out such seizure shall have the power to determine the penalties against the offenders as well as other measures against the ship, aircraft or properties on board.

As such, the 1982 Convention has functioned as a critical legal ground for the detention and trial of piracy crimes. Notwithstanding, the Convention deems an act to constitute a guilt of piracy only when it is committed in international waters or areas outside the jurisdiction of any State. This provision obstructs the application of Convention to acts committed in waters under the jurisdiction of coastal States, while as a matter of fact, a great number of piracy cases occur in waters under the jurisdiction of States.

Second, the transport of slaves is stipulated by Article 99 of the 1982 Convention. Accordingly, every country shall take effective measures to prevent and penalize the transport of slaves on ships authorized to fly its flag, and to prevent the misuse of its flag for the said purpose. This provision aims to prevent and eliminate the slave trade at sea. Since the 1982 Convention does not provide specific regulations on this crime, the determination of the legal signs of slave trade at sea should be based on a number of other Conventions. Clause 2, Article 1 of the 1926 Slavery Convention provides that: “The slave trade includes all acts involved in the capture, acquisition or disposal of a person with intent to reduce him to slavery; all acts involved in the acquisition of a slave with a view to selling or exchanging him; all acts of disposal by sale or exchange of a slave acquired with a view to being sold or exchanged, and, in general, every act of trade or transport in slaves.” Thus, the transport of slaves by sea with a view to selling or exchanging them would be considered as committing the slave trade.

It is a shared view among many international organizations that human trafficking is considered one form of slave trade. For instance, Anti-Slavery International interprets human trafficking as “the recruitment, transportation, transfer, harbouring or receipt of people through force, fraud, coercion or deception, with the aim of exploiting them for profit” [11]. Human trafficking is defined as the process of enslavement where the victims can be exchanged and traded in many manners for various purposes such as prostitution, forced labour, domestic slavery, organ harvesting, etc. It is also stated in the preamble of the Council of Europe Convention on Action against Trafficking in Human Beings that: “Trafficking in human beings may result in slavery for victims” [8]. It is current fact that the responsibility for preventing and penalizing the transport of slaves rests with the flag State of the ship. In case a warship of any country finds grounds to suspect that a ship of another country is committing this act, it may have the right to conduct a search and take handling actions as prescribed.

Third, illicit traffic in narcotic drugs or psychotropic substances is stipulated in Article 108 of the 1982 Convention. Accordingly, all Convention member States shall cooperate with each other to suppress the illicit traffic in narcotic drugs and psychotropic substances by ships on the high seas in violation of international conventions. Any country that has justifiable grounds to suppose that a ship flying its flag is engaged in illicit trade of narcotic drugs and psychotropic substances may request for other States’ cooperation in the cessation of this traffic.

Since the 1982 Convention does not provide specific regulations on narcotic drugs and psychotropic substances, the definition of these substances will be based on other international conventions including: the  Single Convention on Narcotic Drugs, 1961 (Amended by the 1972 Protocol amending the Single Convention on Narcotic Drugs, 1961), the Convention on Psychotropic Substances, 1971, and the conclusion document and the Resolution approved by the United Nations Conference on passing the Protocol on Psychotropic Substances and Schedules attached to the Convention, the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. For instance, a narcotic drug is defined as any natural or synthetic substance specified in Schedules I and II of the Single Convention on Narcotic Drugs, 1961 and in the 1961 Convention as amended by the 1972 Protocol, whereas a psychotropic substance refers to any natural or synthetic substance or any natural ingredient specified in Schedules I, II, III and IV of the Convention on Psychotropic Substances, 1971...

Most States share the perception of traffic in narcotic drugs or psychotropic substances as a globally widespread negative social phenomenon that causes harm to human health and severely affects security, politics, social order and safety. The alliance between unlawful drug traffic and other related organized criminal activities constitutes an international criminal activity, which damages the legitimate economy and threatens the stability, security and sovereignty of States. Therefore, the combat against drugs is a critical task of not only each country and nation themselves, but also the international communities.

Fourth, unauthorized broadcasting from the high seas is regulated by Article 109 of the 1982 Convention. Pursuant to Clause 2, Article 109 of the 1982 Convention, "unauthorized broadcasting" refers to the transmission of sound radio and television broadcasts from a ship or installation on the high seas targeting at the general public violating international regulations, except for the transmission of distress calls. Unauthorized broadcasting may lead to a lot of problems, such as causing electrical interference to authorized broadcasting facilities and compromising the promptness of distress calls...

Clause 1, Article 109 of the 1982 Convention also requires all States to join hands in the suppression of unauthorized broadcasting from the high seas. Any person committing unauthorized broadcasting may be prosecuted in court of the broadcasting ship’s flag State, the State of registry of the broadcasting installation, the State of which the said offender is a citizen, any State where the transmissions could have been received or any State whose authorized radio communication stations have been interfered by such transmission. On the other hand, the above-said States shall have the right to search and arrest any person or detain any ship on the high seas transmitting any unauthorized broadcasting, and to seize the broadcasting installation.

2. The current Criminal Code of Vietnam’s regulations on crimes at sea

Pursuant to Clause 3, Article 6 of Vietnam’s 2015 Criminal Code, where a criminal offence or its consequence occurs on an aircraft or sea-going vessel that does not have Vietnamese nationality on the high seas outside the Socialist Republic of Vietnam's territory, the offender shall face criminal prosecution under Vietnam’s Criminal Code, if this is provided for by an international agreement to which Vietnam is a signatory. As the 1982 Convention stipulates the extension of State members’ criminal jurisdiction over the four crimes at sea as said above, Vietnam’s Criminal Code may be applied to initiate criminal prosecutions against those who commit these crimes. Today, in accordance with the 2015 Criminal Code, the initiation of criminal prosecution against those committing crimes at sea is grounded by the following legal provisions:

First, Piracy (Article 302 of the 2015 Criminal Code). This Article defines Piracy as the act of attacking a sea-going vessel, aircraft, or another maritime vehicle, attacking or capturing people, plundering properties on a sea-going vessel, aircraft, or another maritime vehicle at sea or in areas outside the jurisdiction of any country. For a crime of piracy to constitute, it must have the following legal signs:

• Object of the crime: the act of piracy infringes the maritime safety. At the same time, it may infringe the lives, health and properties of people.
• Objective aspect of the crime:

(i)Objective behaviour of the crime. The 2015 Criminal Code’s provisions on piracy quite resembles Article 101 of 1982 Convention in perceiving piracy to include 3 types of acts:

+ Attacking a sea-going vessel or aircraft or any other maritime mean on the high seas or in areas outside the jurisdiction of any State. This may refer to any act of violence in attempt to control the normal and lawful operation of maritime and aviation means in sea areas not under the jurisdiction and sovereignty of any coastal State;

+ Attacking or detaining persons on board a sea-going vessel or aviation mean or any other maritime mean as specified in Point a, Clause 1, Article 302 of the Criminal Code. This may refer to any act of violence in attempt to attack or detain persons on board maritime or aviation means that occurs on the high seas or in areas not under the jurisdiction of any State. Unlike the former act that targets the normal and lawful operation of means of transport, this act targets human;

+ Plundering properties on board a sea-going vessel or aviation mean or any other maritime mean as specified in Point a, Clause 1, Article 302 of the Criminal Code. The subject of this act is properties. Plundering may be interpreted as the act of violence, threat of violence or any other attempt to appropriate properties and the act of destroying or damaging properties on board aviation means or any other maritime means.

(ii) Consequences of the crime. The crime consequences are not mentioned as a basis for determination of criminal liability, since this crime features formal constitutive factors. Piracy may result in various consequences such as: Obstructing the operation of sea-going vessels, aviation or other maritime means; damage to human life and health, damage to properties on violated aviation and maritime means. Consequence measurement is a basis for consideration of criminal liability aggravation.

(iii) Location of the crime is a mandatory constitutive factor. Piracy must be committed on the high seas or in areas outside the jurisdiction of any State.

• Subjective aspect of the crime: Generally, the crime is a direct intentional misconduct, since the act of attack remains a part of the intention and scrupulous conspiracy of those committing the act. The offender is aware of his act’s danger to society and consequences and desires to commit the act.
• Subject of the crime: is a person mature enough to take criminal responsibility and has criminal capacity. As regard to the crime of piracy, the offender is typically a foreigner or a stateless person.

The 2015 Criminal Code's regulations on piracy make a critical legal basis for the criminal handling of actual crimes, especially for cases where sea-going vessels and victims on board are of Vietnamese nationality.

Second, Trafficking in Human Beings is stipulated in Article 150 of the 2015 Criminal Code, and Trafficking in persons under 16 years of age in Article 151 of the 2015 Criminal Code. Vietnam’s Criminal Code does not provide direct regulations on “transport of slaves”, notwithstanding, Article 150 of the Criminal Code (in case the person being traded is 16 years of age or older) or Article 151 of the Criminal Code (in case the person being traded is under 16 years of age) may be applied in prosecuting the offender, because human trafficking is deemed as one of the forms of slave trafficking.

Article 150 and Article 151 of the 2015 Criminal Code define the crime of human trafficking as the use of violence, threat to use violence, deception or employment of other tricks to commit any of the following three groups of crimes:

(i) Transferring or receiving persons for transfer in return for money, property, or other material interests. This is a common act of trade that is regulated by Vietnam’s criminal legislation, particularly the 1985 and 1999 Criminal Codes.

(ii) Transferring or receiving persons for sexual exploitation, coercive labour, taking body parts of victims, or for other inhuman purposes. Sexual exploitation is perceived as forcing a person into prostitution, or to be the subject of a pornographic publication or performance or into sexual slavery [5]; Forced labour means using force or threatening to use force or other tricks to force a person to work against his/her will [5]; Taking body parts of victims is the transfer, receipt or recruitment, transport, harbouring for the purpose of victims transfer in attempt to take the victim's body parts [13]; Other inhumane purposes refers to using victims for experiment, forcing victims to beg or using victims for other cruel purposes [13].

(iii) Recruiting, transporting or harbouring other people for the conduct of any of the above two groups of acts. This group of acts reflects the definition of human trafficking proposed by the Anti-Slavery International.

The Criminal Code's concrete and detailed regulations on the objective behaviours of human trafficking and trafficking in persons under 16 years of age facilitate authorities to effectively handle these crimes in practice, thereby enhancing the effectiveness of prevention of human trafficking and other acts that violate the laws on prevention and combat of human trafficking.

Third, illegal deal in narcotic substances is specified in Article 251 of the 2015 Criminal Code. Pursuant to the current criminal legal provisions, a person who commits any of the following acts is deemed as committing illegal deal in narcotic substances: Unlawful sale of narcotic substances to others (regardless of the origin of the narcotic substances), including the sale of narcotic substances on behalf of others for remuneration or other benefits in return; Purchase of narcotic substances for purpose of illicit resale to others; Ask for narcotic substances in order for illicit sale to others; Use of narcotic substances as an illicit exchange for other payments (regardless of the origin of the narcotic substances); Use of non-monetary assets in exchange for, in payment... for narcotic substances in order for illicit resale to others; Harbouring of narcotic substances for illicit sale to others; Transport of narcotic substances for illicit sale to others ...

Vietnam is currently adopting extremely strict policies on the criminal handling of illicit trade in narcotic substances, as death penalty may be sentenced against offenders if the criminal act falls under Clause 4, Article 251 of the Criminal Code. In the current context, such stipulation boosts the deterrent effect and further reduces the damages caused by drug crimes to society and the country.

Forth, Illegal use of radio frequencies dedicated to emergency services, safety services, search and rescue, or national defence and security is specified in Article 293 of the 2015 Criminal Code. This crime targets the radio frequencies that are exclusively used for emergency services, safety services, search and rescue, or national defence and security. Pursuant to Clause 1, Article 3 of the 2009 Law on Radio Frequencies, radio waves means electromagnetic waves with a frequency below 3.000 gigahertz (GHz) which freely travel in space without artificial guide. Nowadays the determination of frequency exclusively used for emergency services, safety services, search and rescue, or national defence and security is based on the provisions of Circular No. 19/2013/TT-BTTTT on Frequencies for emergency services, safety services, search and rescue at sea and in civil aviation issued on December 2, 2013. A Joint Circular stipulates various ranges of frequency on case by case basis, for example: 6312 kHz is the frequency reserved for distress calls and maritime safety calls using the digital selective dialling; 121,500 MHz is reserved for Vietnamese military aircrafts to carry out two-way communication with ships at sea for search and rescue purposes...

The objective behaviour of this crime is the illicit use of radio frequencies that are dedicated to emergency services, safety services, search and rescue, or national defence and security, for other purposes. Radio frequencies reserved for emergency services, safety services, search and rescue, or national defence and security are special frequencies related to safety in the field of telecommunications networks, safety in maritime and aviation emergency services, safety services, search and rescue, as well as national defence and security. Therefore, the use of these frequencies must be limited to exceptional cases only. Illegal use not for the above said purposes may lead to immense damages in terms of not only property but also human life and health. This crime is constituted by a criminal act causing a damage of VND 200,000,000 or more, or by the offender having been administratively sanctioned for the same act or convicted of the same crime, whose criminal record has not yet been cleared.

3. Recommendations for improved effectiveness of prevention of crimes at sea in Vietnam

The 2015 Criminal Code provides regulations on a number of crimes, which can be applied to crimes at sea, thereby making a critical legal basis for the criminal handling of realistic crimes, especially for cases where sea-going vessels and victims on board are of Vietnamese nationality. Nonetheless, the current criminal legislation has a number of shortcomings that require improvement, such as:

First, the current penalty frame for piracy prescribed by the 2015 Criminal Code is rather too light, not commensurate with the dangerous nature and level of hazard to society of the crime and lacks of deterrent effect. For example, pursuant to Article 168 of the Criminal Code, for an act of conventional property robbery, if, during the commission of act, the offender causes the death of one person, he/she will be subject to the most severe penalty in Clause 4 of the Article, which is "18 - 20 years' imprisonment or life imprisonment". Whereas, an act of piracy featuring a danger level higher than a conventional robbery of property, if leading to the death of one person, will be subject to only "10 - 15 years’ imprisonment” as prescribed in Clause 2, or “20 years’ or life imprisonment” as prescribed in Clause 4 if leading to the death of three or more people. Such penalization against piracy is irrational. To improve the effectiveness of the struggle against this crime, therefore, it is necessary to amend the penalty frame for piracy in Article 302 of the Criminal Code in a view to escalating the punishment applicable to the offenders, specifically as follows:

“2. This offence committed in any of the following cases shall carry a penalty of 10 - 15 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence results in injury or health damage to 01 person who suffers ≥ 61% bodily harm;

c) The offence results in injury or health damage to 02 people, each of whom suffers 31% - 60% bodily harm;

d) The offence results in injury or health damage to ≥ 03 people who suffer from a total bodily harm of 61% - 121%;

e) The property appropriated is assessed at from VND 50,000,000 to under VND 300,000,000;

f) The offence results in property damage of from VND 100,000,000 to under VND 500,000,000.

3. This offence committed in any of the following cases shall carry a penalty of 15 - 20 years' imprisonment:

a) The offence results in the death of 01 person;

b) The offence results in injury or health damage to 02 people, each of whom suffers ≥ 61% bodily harm;

c) The offence results in injury or health damage to ≥ 03 people who suffer a total bodily harm of 122% - 200%;

d) The property appropriated is assessed at from VND 300,000,000 to under VND 1,000,000,000;

e) The offence results in property damage of from VND 500,000,000 to under VND 1,500,000,000.

4. This offence committed in any of the following cases shall carry a penalty of 20 years' imprisonment or life imprisonment:

a) The offence results in the death of ≥ 02 people;

b) The offence results in injury or health damage to 03 people, each of whom suffers ≥ 61% bodily harm;

c) The offence results in injury or health damage to ≥ 03 people who suffer from a total bodily harm of ≥ 201%;

d) The property appropriated is assessed at ≥ VND 1,000,000,000;

e) The offence results in property damage of ≥ VND 1,500,000,000

Second, pursuant to Clause 8, Article 37 of the 2012 Law of the Sea of Vietnam, all acts of piracy and armed robbery against ships are strictly prohibited and subject to criminal handling [15]. However, the 2015 Criminal Code regulates only piracy committed on the high seas or in areas outside the jurisdiction of any State, while armed robbery against ships in sea areas within jurisdiction are excluded. Therefore, there is no legal basis for authorities to criminally handle armed robbery against ships committed in sea areas under Vietnam's jurisdiction.

In 2004, the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP) were made by Asian countries, including Southeast Asian nations. This Agreement maintains the definition of piracy as provided by the 1982 Convention on the Law of the Sea, while adding regulations on armed robbery against ships that were developed by the International Maritime Organization (IMO) and accepted by the United Nations Security Council. Article 1 of the Agreement defines the crime of armed robbery against ships as any of the following acts:

(a) Any illegal act of violence or detention, or any act of depredation, committed for private ends and directed against a ship, or against persons or property on board such ship, in a place within a Contracting Party’s jurisdiction over such offences;

(b) Any act of voluntary participation in the operation of a ship with knowledge of facts making it a ship for armed robbery against ships;

(c) Any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).

As such, although ReCAAP is a regional Agreement, it provides regulations on armed robbery against ships in addition to the definition of piracy derived from the 1982 Convention, and also expands the scope of application to all sea areas, whether in international waters or in the jurisdiction of coastal States. The provisions of ReCAAP help filling the critical gap of legal basis for cooperation in the struggle against piracy – which is considered as the most dangerous crime at sea today. Vietnam is one of the first ten States to ratify ReCAAP, but to date the crime of armed robbery against ships has not been localized in Vietnam’s Criminal Code. Most cases of attacks against Vietnamese ships have occurred in waters under the jurisdiction of coastal States, hence the invalidity of the current Criminal Code in handling these crimes. That is why the improved effectiveness of prevention of crimes at sea requires inclusion of the crime of armed robbery against ships into Vietnam’s Criminal Code. The addition of this crime will boost the consistency and unity between Vietnam’s Criminal Code and the Law of the Sea. The additional article should be worded as follows:

Article… Armed robbery against ships

1. Anyone who commits any of the following acts shall carry a penalty of 05 to 10 years’ imprisonment:

a) Attacking a sea-going vessel or aircraft or any other maritime mean in sea areas under the jurisdiction of Vietnam;

b) Attacking or detaining persons on board a sea-going vessel or aviation mean or any other maritime mean as specified in Point a of this Clause;

c) Plundering properties on board a sea-going vessel or aviation mean or any other maritime mean as specified in Point a of this Clause…

Beside the finalization of criminal legislation as a solid legal ground for criminal handling of crimes at sea, it is necessary to enhance the effectiveness of international cooperation with member States of the 1982 Convention in the struggle against these crimes. As required by the 1982 Convention, States shall mobilize their utmost effort to cooperate in taking fruitful measures to prevent and penalize crimes at sea. Vietnam therefore must take the initiative and positively join bilateral and multilateral cooperation forums and frameworks, namely: Activities within the framework organized by the United Nations Office on Drugs and Crime (UNODC); Coast Guard Global Summit (CGGS); Southeast Asia Maritime Law Enforcement Initiative (SEAMLEI)... Moreover, it is necessary to promote the entry into mutual legal assistance treaties and extradition treaties with regional States and other parts of the world, which lay the legal mechanism for collection of information and evidence and extradition of criminals for trials under national laws. As well, scientific seminars and summative conferences should be regularly organized to properly review the situation and happening of crimes so as to reach agreement on cooperation and combat against crimes at sea in adaptation to the practical conditions and in the new context of regional and global development trends.

Conclusion

The 1982 United Nations Convention on the Law of the Sea serves as a quite complete legal document on crimes at sea, contributing to a comprehensive legal framework for Convention member States to contemplate and localize in their national criminal laws. It is pointed out from analysis authors that Vietnam’s 2015 Criminal Code provided quite concrete and detailed regulations on crimes at sea. Nonetheless, for the effectiveness of struggle against crimes at sea to be improved, the penalty frame for piracy should be elevated and the crime of armed robbery against ships should be included in Vietnam’s criminal legislation. Besides, efforts should be furthered in international cooperation with the member States of the 1982 Convention in adaptation to the modern context of crimes at sea.

References:

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