Minnesota Journal of International Law: Open for Submissions

Pirates on the High Seas: An Institutional Response to Expanding U.S. Jurisdiction in Troubled Waters. 

This paper provides a concise overview of piracy, contemporary maritime drug laws, and cases among the circuit courts to illustrate the procedural concerns that affect fundamental constitutional principles of jurisdiction.   A possible solution to existing substantive and procedural due process issues is establishment of a regional judicial institution with broad powers to preside over criminal prosecutions that include maritime crimes.  The suggestion may be a viable means to resolve some concerns with respect to jurisdictional principles, regional stability, and the need for a comprehensive, coordinated response within the Western Hemisphere.  Establishing a tribunal to preside over enforcement practices alleviates dependency on the existing legal framework that may not fully resolve jurisdictional issues associated with maritime drug trafficking.  In addition, a regional tribunal minimizes the need for the United States to function as the only viable, sovereign nation-state in the Americas to ensure that pirates engaged in illicit trades are not roaming the high seas with impunity.