This paper explores the ways in which maritime labor, maritime risk, and seafarers’ survival are embedded in the financial logics and practices of the global shipping industry. By employing the notion of “existential arbitrage,” the ethnography moves through the pursuit of global profit to the value of labor as a commodity, human and financial risk, and ultimately the value of human lives, all of which are arbitraged. Arbitrage is a profit strategy that is based on a belief in the equalizing power of the market yet is predicated on and creates difference among commodities in order to create opportunities to generate profit. Existential arbitrage brings anthropological studies of security and conflict and trade and finance together. By taking the interdependence of these subfields seriously and showing how the relationship between them manifests itself in practice, the notion of existential arbitrage uncovers a brutal financial trading strategy that requires and forces the oscillation between notions of valuable life and the valuation of labor commodities in a competitive global market.
In a new book, senior researcher Jessica Larsen analyses how relevant anti-piracy legislation was enforced when international ship contributions and regional coastal states cooperated on anti-piracy off the coast of Somalia in 2008-2016.
The book is a socio-legal study based on both clause analyses and ethnographic fieldwork. The book takes the reader on board a warship patrolling the Indian Ocean and into the courtrooms of the island nation of Seychelles, which conducted 17 piracy cases. Through interviews and observations, the book uncovers how anti-piracy legislation works in practice. Existing studies have primarily examined existing law. This book goes out into the field to also uncover applied law.
The analysis shows examples of ambiguity about which legal sources should be applied at sea. It identifies practices in court that show cases of impunity and questions legal certainty. The implications of this should be considered as counter-piracy off Somalia has been used as a model for counter-piracy elsewhere, such as in the Gulf of Guinea.
The interpretation of “disputes concerning military activities” under Article 298(1)(b) of the United Nations Convention on the Law of the Sea (UNCLOS) rests on a sensitive balance between the protection of strategic interests of States and the need for peaceful settlement of international disputes. There, an essential issue arises how an adjudicative body acting under Part XV UNCLOS should assess the nature of conducts of State for the purposes of Article 298(1)(b). This issue was vividly raised in the dispute between Ukraine and the Russian Federation with regard to the detention of Ukrainian naval vessels and servicemen. In this regard, both the International Tribunal for the Law of the Sea (ITLOS) and the arbitral tribunal set out in accordance with Annex VII UNCLOS wrestled with this issue. This article examines the manner of the interpretation of the concept of the military activities for the purposes of Article 298(1)(b) by comparing the approaches taken by ITLOS and the Annex VII arbitral tribunal.
1. Introduction. 2. Industry self-regulation in maritime law. 2.1. Why is industry self-regulation necessary? 2.2. Relevant self-regulatory instru- ments. 3. Industry self-regulation and armed protection. 3.1. Quality assurance of private Maritime Security Companies. 3.2. Use of force. 3.3. Reporting. 4. Remarks and conclusion
The Gulf of Guinea (GoG) region is a vast maritime area off West and Central Africa, and an area of interest to numerous external actors for a range of different reasons including historical relations, trade, oil and fishery. This maritime space is characterised not only by legitimate actors’ presence at sea but also by various types of maritime criminality, with piracy currently being high on the agenda of external actors. Indeed, in 2020, 95% of all maritime kidnappings globally happened in the GoG. Through the application of a specific theoretical lens, namely the politics of piracy numbers, this chapter offers a regional case study of piracy in the GoG. Through this lens, the chapter for example explores how, though being the most counted type of maritime insecurity, piracy is only one aspect of a much broader complex of maritime insecurities. Attending also to the politics of missing numbers, the chapter also explores how far less attention is devoted to counting various onshore dimension of GoG-piracy.
The cybersecurity landscape is evolving, driven by a reinforcing feedback loop of increasingly sophisticated attacks and defences. Threat actors, long benefitting from the asymmetrical “attacker’s advantage” of focused targeting, have now matured their organizational structures to facilitate tactical information sharing, technique specialization, the establishment of markets for buying and selling exploit and vulnerability information, and providing training on how to circumvent detection and defence systems.
Just as containerized goods appear to flow seamlessly across the planet's oceans, internationalized and standardized certificates present seafaring labor as uniform and seamless. But underneath these certificates are the intimate and unequal entanglements of local masculinity norms, age, and kinship ties that sustain the maritime labor supply chain. In this article, we follow how three young, male seafarers from eastern India find ways to contain piracy risks at work and poverty risks at home, and their sense of obligation as men, sons, husbands, and fathers. By delving into the unequal conditions for industrial male workers from the Global South, this article demonstrates how containerized maritime labor commodities are not uniform but are dependent upon economic inequality and intimate kinship ties to be productive.
The oceans are increasingly understood as a security space. Does the new maritime security agenda lead to new spatial configurations? This chapter introduces the concept of ‘pragmatic spaces’ to explore spatial configurations produced in responses to maritime security. Four exemplary spaces are discussed: how counter-piracy led to the development of high risk areas, how maritime security capacity building produced new regions constructed through codes of conduct, how the identification of smuggling routes established new forms of international partnerships, and how maritime domain awareness systems advance new transnational spaces of surveillance. These new spatial configurations were introduced to manage maritime security issues and enable transnational forms of governance.
The question of when and how international orders change remains a pertinent issue of International Relations theory. This article develops the model of pragmatic ordering to conceptualise change. The model of pragmatic ordering synthesises recent theoretical arguments for a focus on ordering advanced in-practice theory, pragmatist philosophy, and related approaches. It also integrates evidence from recent global governance research. We propose a five-stage model. According to the model, once a new problem emerges (problematisation), informality allows for experimenting with new practices and developing new knowledge (informalisation and experimentation). Once these experimental practices become codified, and survive contestation, they increasingly settle (codification) and are spread through learning and translation processes (consolidation). We draw on the rise of the maritime security agenda as a paradigmatic case and examine developments in the Western Indian Ocean region to illustrate each of these stages. The article draws attention to the substantial reorganisation of maritime space occurring over the past decade and offers an innovative approach for the study of orders and change.