Le nuove forme di pirateria marittima e gli strumenti assicurativi a tutela della nave e dell'equipaggio

Piracy exists since the dawn of navigation and affected all coastal populations, within them, there are groups dedicated to it. By the Phoenicians, the Etruscans, the Greeks pirates, history is full of stories of trips haunted by the threat of piracy. In the Roman conception handed down so far, the pirates were conceived as enemies of all mankind, for the violence in order to kill. They were, therefore, considered a kind of dangerous criminals, who could freely hunt by anyone, as well as any State today can pursue the pirate attack when it occurs on the high seas, or in a marine space not subject, in fact, to the jurisdiction of any. The high seas constitutes, therefore, an essential element of the definition of piracy as contained in UNCLOS, or "acts of depredation (animus furandi) or violence committed on the high sea or in areas not under the jurisdiction of any State for private ends by the crew of a ship or a private aircraft against another ship or a private aircraft "and it is distinct from the cases of" armed robbery at sea ", or any act of boarding any ship with the intent to commit a theft or other crime having the ability to use force in the course of the action, regardless of the reasons for which it is committed. What makes piracy similar to other figures, such as terrorism. And it is the conception of private or political order that perhaps, in this writer's opinion, should be thorough and filled by a review of the definitions contained in International Conventions and in national law. Even in the Italian legal system, the definition of piracy is not unanimous either sharing in the doctrine nor in jurisprudence because of the complexity of the concept that it represents and the heterogeneity of sources, both international and domestic. important and essential step in fighting and preventing piracy is the law August 2, 2011 n. 130 with the aim of protecting the Italian ships in transit in international sea areas at risk piracy. This law provides for the possibility, through specific agreements concluded between shipowners and Italian Ministry of Defence, with economic burdens of the first, to take on Military Protection. The subsequent amendments introduced by D.M. 266/2012, states that the owners can use, alternatively, special security guards, similar to international contractors after specific licenses and special training courses. Piracy (especially in some sea areas in the world) involves high costs with an impact on the shipping companies, crews and maritime traffic, including the insurance costs incurred for compensation, the losses and the ransom paid to the pirates, which is regulated under English law, which hedging policies relating to both the ship and cargo, and crew. And in reference to this last element that are controversial issues arose, regulated differently depending on the legal system.