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Article

Brandon Prins and Ursula Daxecker

With piracy in the Greater Gulf of Aden seemingly eradicated, some analysts suggest that attacks against shipping no longer remains a salient global security concern. Indeed, the number of attacks attributable to Somali pirates dropped dramatically from 2011 to 2015, and small private maritime security firms have begun to go out of business as demand for armed guards on ships has diminished. But recent increases off the coast of Nigeria and around the Straits of Malacca confirm that the threat has not been entirely eliminated. In fact, Indonesia, Malaysia, and the Philippines recently agreed to conduct coordinated naval patrols to stem the rise in attacks in and around their waters and some Indonesian elites warn that the problem will only grow worse (Jensen & Kapoor, 2016). While the international community mounted a significant counter-piracy response to attacks in the Greater Gulf of Aden beginning in 2009 and shipping companies started to implement protective measures to safeguard their transports, piracy endures because the conditions driving it persist. Successful attacks against ships produce sizable payoffs and the risk of capture remains low in most places. Further, the continued presence of fragile governments, corrupt elites, joblessness, and illegal foreign fishing ensure that pirates will continue to pose a threat to marine traffic. Current research efforts focus on the microlevel drivers of pirate attacks. While structural (country-level) indicators of poverty and institutional fragility correlate with piracy, local conditions on land proximate to anchorages and shipping lanes where incidents occur will likely provide additional leverage in explaining where pirates locate and why piracy endures. Existing research also suggests piracy may be connected to armed insurgency. As rebels seek resources to help fund their anti-state or separatist campaigns, piracy, like gemstones, oil, and narcotics, may serve as a means to pay fighters and purchase weapons. Spatially and temporally disaggregated analyses as well as the synthesis of research on civil war and maritime piracy will open up new lines of inquiry into the relationship between lootable resources and armed conflict.

Article

The gradual development of national copyright laws during the 18th and 19th centuries resulted in quite different and culture-specific understandings of the nature and scope of protection provided for literary and artistic works. The lack of international standards of regulation meant that literary works could be freely reprinted, translated, and appropriated abroad. As a result of the increasing internationalization of literature, bestselling authors of the 19th century began to call for a universal copyright. Their activism proved an important catalyst of the first international copyright treaty, the Berne Convention, signed in 1886 by ten nations. The Berne Convention has since been revised many times and is currently ratified by over 170 signatories. In its current form, it grants relatively strong rights to authors who produce works that can be categorized as “originals.” It determines the minimum standards of protection which bind the national legislation of its member states, for instance by setting the minimum length of copyright protection at fifty years from the death of the author. The development of international copyright agreements since the latter half of the 20th century has resulted in a network of mutually reinforcing treaties and an increased awareness and control of copyrights on a global scale. At the same time, such treaties and the national laws they govern can offer only partial solutions to the multiple conflicts of interest relating to the uses of literary works beyond their countries of origin. The main concerns of the 19th-century authors who lobbied for universal copyright are still relevant today, albeit in somewhat different forms. With the advances of technology that allow for effortless storing and distribution of works in digital form, and given the economic gap between content-producing industrialized countries and the less-developed countries that use that content, book piracy still exists and is often a symptom of a dysfunctional or exclusive local market environment. In addition to the abolition of piracy, another core concern for the Berne Convention was the regulation of translation rights. The treaty divides the copyright in translated works between authors of originals and translators, which challenges the notion of originality as the criterion for protection since translations are by necessity derivative. The division of authors into two groups meriting different types of protection is further complicated by the rise of the so-called “born-translated literature” which effectively blurs the distinction between originals and translations. The international framework of copyright has harmonized many aspects of copyright, yet left others unregulated: appropriations, such as parody, have proven problematic in an international setting due to differences in how national laws justify the existence of derivative and transformative works. International copyright thus remains an oxymoron: it is promulgated in and through national laws, and the disputes are settled in national courts although literature, especially translated literature, has multiple countries of origin and is increasingly distributed by international booksellers to a potentially global audience.

Article

Angela Schottenhammer

Imperial China has a long-standing, multifaceted, and interesting imperial maritime history. Of particular importance in this context are the commercial dimensions of China’s maritime contacts with the outside world. From approximately the 7th century until Yuan 元 times (1279–1367), China even developed as a commercial maritime power, although its maritime trade was, until the late 11th century, basically dominated by foreign merchants. During the Yuan and early Ming dynasties (1368–1644), China was also a naval power—the attempts of Qubilai Khan (r. 1260–1295) to subdue Japan are well known. But their maritime interests took the Mongols as far as Southeast and South Asia. The early Ming 明 period, under the third Ming Emperor, Yongle 永樂 (r. 1403–1424), is characterized by unforeseen political, military, and commercial maritime expansion. After 1435, following the instructions of the first Ming emperor, Hongwu 洪武 (r. 1368–1398), China officially retreated from the seas and prohibited all private maritime commerce, until internal socioeconomic and financial problems and the great demand of foreigners—after 1500 also including the Europeans—for Chinese products urged the government to “reopen” its borders for trade. The rulers of the last imperial dynasty, the Qing 清 (1644–1911), first concentrated on securing their maritime borders against competing commercial and political interests, then managed a flourishing trade, increasingly also with Europeans, but were finally confronted with the colonialist and imperialistic claims of the Europeans. After the Opium Wars (1839–1842), the maritime commerce and politics of China were more and more controlled by European powers, especially the British.

Article

Sebastian R. Prange

Piracy has been an important and persistent feature of Asia’s maritime history. In fact, the largest pirate organizations in all of history were found in Asia. Although often regarded as the antithesis of trade, piracy is actually closely related to the world of commerce. Pirates were themselves often traders (or smugglers) and relied on merchants to outfit their ships and sell their plunder. Despite the obvious and primary economic dimension of piracy, pirates were also political actors. This observation is significant because piracy has traditionally been distinguished from other forms of maritime predation (especially privateering, but also naval warfare) by stressing its supposedly inherently private nature. In Asia, however, the history of piracy is very much defined by its political contexts. Pirates themselves formed polities, whether as part of established coastal communities or in their endeavors to build their own states. What is more, as was the case in Europe, pirates often colluded with territorial states that used them as an instrument of state power, in order to harass and weaken their rivals. The political dimension of Asian piracy has long been overlooked due to the preponderance of European concepts and sources, which tend to depict all Asians involved in maritime predation as mere criminals. More nuanced studies of Asian pirates, especially when based on non-European sources, promise fresh insights into the commercial, social, and political worlds of maritime Asia.

Article

Majid Yar

The development of the Internet and related communication technologies has had a transformative effect upon social, political, economic, and cultural life. It has also facilitated the emergence of a wide range of crimes that take shape in the spaces of virtual communication. These offenses include technology-oriented crimes such as hacking and the distribution of malicious software; property-oriented crimes such as media piracy, theft, and fraud; and interpersonal offenses such as stalking, harassment, and sexual abuse. In many instances, these crimes serve to entrench and exacerbate existing patterns of victimization, vulnerability, and inequality, along lines of difference related to gender, sexuality, ethnicity, age, and income. The anonymized and globally distributed nature of the Internet creates huge challenges for crime prevention, detection, and prosecution of online offenses.

Article

Historians of colonial British North America have largely relegated piracy to the marginalia of the broad historical narrative from settlement to revolution. However, piracy and unregulated privateering played a pivotal role in the development of every English community along the eastern seaboard from the Carolinas to New England. Although many pirates originated in the British North American colonies and represented a diverse social spectrum, they were not supported and protected in these port communities by some underclass or proto-proletariat but by the highest echelons of colonial society, especially by colonial governors, merchants, and even ministers. Sea marauding in its multiple forms helped shape the economic, legal, political, religious, and cultural worlds of colonial America. The illicit market that brought longed-for bullion, slaves, and luxury goods integrated British North American communities with the Caribbean, West Africa, and the Pacific and Indian Oceans throughout the 17th century. Attempts to curb the support of sea marauding at the turn of the 18th century exposed sometimes violent divisions between local merchant interests and royal officials currying favor back in England, leading to debates over the protection of English liberties across the Atlantic. When the North American colonies finally closed their ports to English pirates during the years following the Treaty of Utrecht (1713), it sparked a brief yet dramatic turn of events where English marauders preyed upon the shipping belonging to their former “nests.” During the 18th century, colonial communities began to actively support a more regulated form of privateering against agreed upon enemies that would become a hallmark of patriot maritime warfare during the American Revolution.

Article

Rosemary J. Coombe and Susannah Chapman

Ethnographic research into intellectual property (IP) gained traction in the mid-1990s. During this period international trade agreements mandated that all states introduce minimum IP protections, property rights in intangible goods were expanded to encompass new subject areas, international Indigenous Peoples’ human rights were being negotiated, and protecting biodiversity became a global policy concern. Anthropologists considered IP extension in terms of the processes of commodification the law enabled, the cultural incommensurability of the law’s presuppositions in various societies, the implications of these rights for disciplinary research and publication ethics, and the modes of subjectification and territorialization that the enforcement of such laws engendered. Recognizing that IP clearly constrains and shapes the circulation of goods through the privatization of significant resources, critical anthropological examinations of Western liberal legal binary distinctions between public and private goods also revealed the forms of dispossession enabled by presuming a singular cultural commons. Anthropologists showed the diversity of publics constituted through authorized and unauthorized reproduction and circulation of cultural goods, exploring the management of intangible cultural goods in a variety of moral economies as well as the construction and translation of tradition in new policy arenas. The intersection of IP and human rights also prompted greater disciplinary reflexivity with respect to research ethics and publication practices. Analyzing how IP protections are legitimated and the activities that their enforcement delegitimizes, ethnography illustrated how the law creates privileged and abject subjectivities, reconfigures affective relationships between people and places, and produces zones of policing and discipline in processes of territorialization.

Article

Andrea Schoepfer

Studies of white-collar crime have largely focused on the crimes and immoral and unethical actions of adults during the course of their legitimate occupations, yet adults are not the only offenders, and white-collar crimes don’t always require employment. By narrowing the focus to who can offend, we may miss out on a fuller understanding of the phenomenon. The specific category of “white-collar delinquency” has been proposed to address this gap in the research. The original conceptualization of white-collar delinquency focused on crimes of juveniles that are of major financial and social consequence. The concept largely focuses on computer crimes, fraud, and crimes of skill, including piracy, securities fraud, espionage, denial of service attacks, hacking, identity fraud, dissemination of worms and viruses, and other crimes that can result in serious economic harm. Just as juveniles engage in conventional street crime offenses as do adult offenders, they also possess the ability to engage in white-collar offenses as do adult offenders, and there is a need to study the two age groups separately, as motivations, influences, and opportunities may differ. The literature thus far has largely ignored juvenile involvement in white-collar crimes due to the nature of the phenomenon, the reliance on offender-based definitions, and the presumption of opportunities to engage in the actions. Some white-collar offenses that were historically committed exclusively by adults have a place in the juvenile community as well. This “migration” has taken place for a number of reasons, with the majority of them closely tied to the nearly limitless access juveniles currently have to technology. Due to the overwhelming popularity of personal computers in homes and marked advancements in technology, opportunities for hybrid white-collar crimes (e.g., credit card fraud, identity theft, hacking, phishing, general fraud, intellectual property theft, financial/bank fraud) have dramatically increased, yet criminological studies focusing on technology related crimes have, until recently, been relatively sparse, and studies of fraud have predominately focused on characteristics of the victims as opposed to the offenders. As access to computers and the internet grow, so too do opportunities to engage in these types of crimes. Juveniles are able to interact with others from the privacy of their own homes with the benefit of complete anonymity. This anonymity may contribute to the appeal of computer-related delinquency, as such acts involve almost no confrontation and no violence, and are individualistic in nature. These individualistic crimes may attract those who would normally avoid more conventional crimes that involve confrontation. Technology has opened the door for a new type of offender and new types of offending. Although it is difficult to identify an exact dollar amount, financial losses from serious computer crimes such as audio, video, and software piracy; security breaches; and intellectual property theft are likely to exceed the financial losses from conventional crimes, and it is therefore imperative that more attention be given to these types of crimes and perpetrators. Theoretical explanations for this new category of crime have not yet been fully explored for many reasons. First, technology advances much faster than the laws regulating behavior. Second, apprehension and prosecution for crimes of technology are relatively low, and thus little data exists for theory testing with these crimes and offenders. Finally, computer and technology crimes fall into a gray area; they are not necessarily either property crimes or traditional white-collar crimes. In criminology, computer crimes tend to fall into a “hybrid” or “other” category of white-collar crime and as such are often ignored in studies on white-collar crime. Furthermore, juveniles are often overlooked in white-collar crime research due to their status and limited access to opportunity. By proposing the term “white-collar delinquency,” researchers hope to bring more focus to the understudied topic of juveniles engaging in crimes of serious economic consequence.

Article

Debora Halbert and Ashley Lukens

Intellectual property rights (IPRs) encompass several different legal regimes—such as patents, copyrights, trademarks, and “sui generis” protections—developed to protect intangible assets associated with ideas, expressions, and inventions, which are included under the broad umbrella term of “intellectual property” (IP). However, the evolution of these legal regimes has always been fraught with tension. Those desiring access to knowledge without restrictive property barriers resisted the expansion of IPRs, which means that the history of IP is entangled in development efforts. As member countries of the United Nations sought to fully extend IP protection around the globe, the World Intellectual Property Organization (WIPO) was created, central to which was the debate over the scope of international IP and demands by the less developed countries for less restrictive IPRs. However, it is the Trade Related Aspects of Intellectual Property Agreement (TRIPS) that has become the most powerful arbiter of IP rights. Meanwhile, the main debates and the specific political battles surrounding IPRs include, but are not limited to, biotechnology, biopiracy, copyright piracy, file sharing, traditional knowledge, access to knowledge, and access to medicine. Ultimately, the literature on international IP has evolved considerably, becoming increasingly relevant to more than legal scholars and business professionals. Nevertheless, additional research is needed in theorizing about the core concepts of IP; the complex role between nationalism, the state, culture, and IPRs; and the search for alternatives to IP.

Article

In a seemingly virtual era, maritime commerce and shipping retain a central role in contemporary global capitalism. Approximately 90% of global imports and exports currently travel by sea on around 93,000 merchant vessels, carrying almost 6 billion tons of cargo. Oceanic mobility and long-distance networks of trade are made possible and sustained by the life and labor of over 1.25 million seafarers currently working at sea as well as regimes of global security and governance. Yet, this oceanic world and its role in shaping politics, sociality, and regulation remains, for the most part, obscured and hidden out of sight in everyday life. As one of the oldest perils at sea, maritime piracy is not only a daily threat to seafaring and global shipping but makes visible this oceanic world and the larger networks of security and regulation that govern maritime commerce. In recent years, coastal Africa, specifically the waters off the coast of Somalia and the Gulf of Guinea, has seen an unprecedented rise in incidents of maritime piracy. The geopolitical and global trade importance of these areas has led to numerous national, regional, and international military and legal responses to combat this problem. While often seen as a seaborne symptom of failed states or criminality, maritime piracy has a more complex relationship with land- and sea-based governance. Occurring primarily in spaces that are politically fragmented but reasonably stable maritime piracy is better understood as a practice of extraction and claim making on mobility that emerges from deeper historical contexts and is linked to land-based economies and politics. Emphasizing maritime piracy in the Horn of Africa and the Gulf of Guinea within these wider historical and geographic contexts highlights the imbrication of the political and economic in shaping the emergence and transformations of this practice. This is not to deny the violence that constitutes maritime piracy, but to locate piracy within larger processes of mobility, governance, and political economy on the African continent and beyond. In addition to impacting local communities, seafarers, and global shipping, maritime piracy is key to apprehending challenges to global governance from the vantage point of the world’s oceans.