The jurisdictional challenges to the prosecution of piracy cases in Kenya: mixed fortunes for a perfect model in the global war against piracy

Since 2008 Kenya has distinguished itself in the global war against piracy by undertaking prosecutions in the national courts of suspected pirates arrested in the high seas and handed over by navies of leading maritime nations under bilateral agreements (MOUs) entered into between Kenya and these leading maritime nations. As of July 2011, Kenya had over 20 convicted pirates serving jail terms ranging between 7 and 20 years and over 100 suspected pirates awaiting trial in national courts. This is the largest number of suspected pirates held and tried in any one state at any given time in modern history. To achieve this, Kenya had to effect far reaching changes in the law. In the initial stages, suspected pirates were charged under Kenya’s Penal Code (Cap 63 Laws of Kenya). However, the high court in the case of Re Mohamud Mohamed Dashi and eight others [2010] eKLR, ruled that Kenya had no jurisdiction to try suspected pirates under that law. In September 2009, Kenya passed a new law (the Merchant Shipping Act), which not only defined more comprehensively and extensively the offence of piracy, but also extended the jurisdiction of Kenyan courts to try piracy committed by non-nationals. Though the law gives Kenya a very broad jurisdiction to try suspected pirates, the process is still fraught with challenges due to lack of financial and human resources. In the case of Republic vs Hassan Jama Haleys Alias Hassan Jamal and five others [2010] eKLR, the court commented thus:

“… I must note that the ‘piracy trials’ have presented a unique challenge to the Kenyan legal system. We cannot ignore the fact that these are suspects who having been arrested by foreign naval forces on the High Seas are brought to Kenya for trial. They are strangers in the country, do not understand the legal system, may not know what their rights are and do not understand the language… the Kenyan Government and the International partners supporting these trials put in place a system to provide free legal representation for the suspects…”     

The Dependency of People on the Great Barrier Reef,Australia

Understanding how people are dependent on Large Scale Marine Protected Areas (LSMPAs) is important for understanding how people might be sensitive to changes that affect these seascapes. We review how resource dependency is conceptualized and propose that it be broadened to include cultural values such as pride in resource status, scientific heritage, appreciation of aesthetics, biodiversity, and lifestyle opportunities. We provide an overview of how local residents (n = 3,181 face-to-face surveys), commercial fishers (n = 210, telephone surveys), and tourism operators (n = 119 telephone surveys) are potentially dependent on the Great Barrier Reef (GBR), a region currently experiencing significant environmental, social, and economic change. We found that commercial fishers and tourism operators were dependent not only financially on the GBR, but also because of their age, years in the industry and region, lack of education, and the number of dependents. These stakeholders lacked flexibility to secure alternative employment. All stakeholder groups, regardless of economic imperatives, were dependent on the GBR because of their cultural connections. We propose that resource dependency also provides an umbrella concept to describe the cultural services provided by an ecosystem, which can be described through place-based dependence and place-identity.     

Optimal Threshold Policies for Robust Data Center Control

With the simultaneous rise of energy costs and demand for cloud computing, efficient control of data centers becomes crucial. In the data center control problem, one needs to plan at every time step how many servers to switch on or off in order to meet stochastic job arrivals while trying to minimize electricity consumption. This problem becomes particularly challenging when servers can be of various types and jobs from different classes can only be served by certain types of server, as it is often the case in real data centers. We model this problem as a robust Markov decision process (i.e., the transition function is not assumed to be known precisely). We give sufficient conditions (which seem to be reasonable and satisfied in practice) guaranteeing that an optimal threshold policy exists. This property can then be exploited in the design of an efficient solving method, which we provide. Finally, we present some experimental results demonstrating the practicability of our approach and compare with a previous related approach based on model predictive control.     

An advanced risk analysis approach for container port safety evaluation

Risk analysis in seaports plays an increasingly important role in ensuring port operation reliability, maritime transportation safety and supply chain distribution resilience. However, the task is not straightforward given the challenges, including that port safety is affected by multiple factors related to design, installation, operation and maintenance and that traditional risk assessment methods such as quantitative risk analysis cannot sufficiently address uncertainty in failure data. This paper develops an advanced Failure Mode and Effects Analysis (FMEA) approach through incorporating Fuzzy Rule-Based Bayesian Networks (FRBN) to evaluate the criticality of the hazardous events (HEs) in a container terminal. The rational use of the Degrees of Belief (DoB) in a fuzzy rule base (FRB) facilitates the implementation of the new method in Container Terminal Risk Evaluation (CTRE) in practice. Compared to conventional FMEA methods, the new approach integrates FRB and BN in a complementary manner, in which the former provides a realistic and flexible way to describe input failure information while the latter allows easy updating of risk estimation results and facilitates real-time safety evaluation and dynamic risk-based decision support in container terminals. The proposed approach can also be tailored for wider application in other engineering and management systems, especially when instant risk ranking is required by the stakeholders to measure, predict and improve their system safety and reliability performance.     

Ecological and economic principles in park planning: The Assateague national seashore model

Abstract

The National Park Service is required by law to conserve nationally significant resources for public benefit. Susceptibility to local short‐term economic pressures and a lack of understanding of resource dynamics can jeopardize mandate compliance. Assateague National Seashore is an example of a dynamic barrier island where early understanding of ecologic factors should have preceded its establishment and must precede its management and development. Research conducted on a similar system has demonstrated the dramatic environmental impacts and high maintenance costs associated with an inappropriate recreation management scheme. Alternatives are available which minimize resource degradation and maintenance costs without restricting visitation. To better ensure incorporation of long‐run ecologic and economic criteria into the decision‐making process, a proposal is put forward which recognizes the need for an expanded research effort and close adherence to early planning steps.     

State ocean policy initiatives in Florida

Abstract

A territorial sea comprising 6.7 million acres of offshore lands extending three geographic miles into the Atlantic Ocean three marine leagues (nine geographic miles) into the Gulf of Mexico makes Florida the second largest “oceanowning”; state in the contiguous United States. Florida's history, climate, economic development, and worldwide reputation have evolved from the state's relationship with the sea. The state is now becoming aware that aggressive management of its ocean resources is necessary to preserve the future of that relationship. The purpose of this article is to present some of Florida's recent legal and policy initiatives that have been directed toward better understanding and management of ocean resources and uses.     

Reviewing the axial-line approach to capturing vehicular trip-makers’ route-choice decisions with ground reality

This paper reports some limitations of the axial analysis theory as a basis for modeling the distribution of vehicular movement with a relationship study between the syntax configuration of a North American city and its vehicular flow pattern. Along with the relevance of the axial-line philosophy of capturing vehicular trip-makers’ route-choice decisions, many general concerns dealing with the effects of network character, land use, traffic congestion, and configuration boundary have been critically analyzed with theoretical and empirical research results. A few procedural concerns have also been discussed. The conclusions suggest that the inclusion of the real-world variables of traffic and network studies into the methodology of generating configuration–movement relationships is expected to make the space syntax approach to modeling vehicular movement networks comprehensive.     

Thermidor in land use control?

Abstract

In June 1987, the U.S. Supreme Court in Nollan v. California Coastal Commission held against the California Coastal Commission. Did this legal landmark signal the rise of a new, conservative jurisprudence of takings? And if yes, did that imply the demise of what had been accomplished by the so‐called quiet revolution in land use control that swept the country in the late 1960s and early 1970s? The complexities of this case cannot be understood apart from the historical evolution of the Coastal Commission's policies through the 1970s and 1980s, particularly its coastal access policies. Because of these policies the Coastal Commission, since its inception in 1972, has been subjected to all kinds of criticism, but at the same time has been widely praised for its balanced approach. These varying assessments of the role and record of the Commission also underly the conflicting viewpoints and arguments of Justices Scalia, who wrote for the majority in Nollan, and Brennan, who filed an extremely strong dissent. The resulting legal uncertainties, added to the political setbacks suffered from a lukewarm legislature and a hostile governor, forced the Commission to temper its assertive mission of maximizing coastal access, at least for the time being.