Pirates of The Caribbean Expectation Vs Reality

Pirates of the Caribbean: Expectation vs Reality
Disney's box office smash hit series; Pirates of The Caribbean explores a world of the past
and a fantastical yet historically inaccurate tale of Piracy. The protagonists of the story made
out not only to be hero's, but also legends. These supposed heroes are actually villains,
outlaws, criminals fleeing from the law in multiple ports under multiple jurisdictions.
International Law is defined as a body of rules established by custom or treaty and recognised
by nations as binding in their relations with one another.
Piracy, as a criminal act, should be evaluated in two contexts. Piracy as a domestic criminal
act and Piracy as an international criminal act. As an international crime, Piracy acts against
all nation-states who take part in an international treaty. As a domestic crime, Piracy only
affects the country, in which the crime takes place. The crime of Piracy at sea is addressed in
Article 101 of the 1982 United Nations Convention on the Law of the Sea, (UNCLOS).1.
United Nations Convention on the Law of the Sea.2. The article defines Piracy as follows:
Piracy consist of any of the following acts:
(a) Any illegal acts of violence or detention, or any act of depredation committed for private
ends by the crew or the passengers of a private ship or a private aircraft, and directed:
(i) On the high seas, against another ship or aircraft, or against persons or property on board
such ship or aircraft:
(ii) Against a ship, aircraft, person or property in a place outside the jurisdiction of any State:
(b) Any act of voluntary participation in the operation of a ship or of an aircraft with
knowledge of facts making it a pirate ship or aircraft:
(c) Any of inciting or intentionally facilitating an act described in subparagraph (a) or (b).
UNCLOS's definition is unbelievably similar to the Geneva Convention on High Seas held in
1958. In that sense, countries like Andorra, or Israel, who have not ratified the UNCLOS
treaty, are still forced to adhere to the Geneva Convention as a matter of customary
1
United Nations Convention on the Law of the Sea; opened for signature 10 December 1982, 31363, (entered
into force 16 November 1994) art 101.
2
into force 16 November 1994).
Jade Thomas LAWS2000 Shireen Daft

international law. Treaty interpretation in The Pirates of The Caribbean is seen especially in
the last 3 films.3. After the Treaty of Tordesillas was created and ratified between Portugal
and Spain in 1494, the Americas had been divvied up, and the control of areas such as the
Caribbean was wholly in Spain's thrall. Treaty of Tordesillas; opened for signature 2 July
1494, (entered into force 1481). 4. To combat this, King Francis I, basically legalised Piracy,
with the invention of privateering. This meant anyone who carried a letter of marque was
almost above international law, as it was done in the name of the French King. The
interpretation of this authorisation was left to the pirates/privateers, who were technically
managed by the crown. Therefore, under the command of the government, and was legally
expected to hand over a percentage of their loot. This was definitely not the case. Seen in one
scene in the Pirates movie series in which one of the pirate lords admit to taking more than
their fair share of plunder in international waters.
In Pirates of The Caribbean, there is evidence of both Piracy committed on domestic lands
and in international waters. Theft, assault, drunk and disorderly, and whoring are just some
examples of the many crimes, Jack Sparrow- Sorry, Captain Jack Sparrow committed in the
5-movie series. On international waters, and some (possibly) undiscovered islands Jack and
his crew committed crimes such as, Piracy (duh.), assault, grievous bodily harm, kidnapping
and possibly even treason? But in international waters as self-proclaimed citizens of the sea,
who exactly are the pirates committing treason against? Jurisdiction is defined as the official
power to make legal decisions and judgments. Does this mean that Piracy is a crime
committed against no one, considering most of the illegal actions made throughout the series
is in international waters? Or are the government ships in which they either plunder or battle,
envoys for their crown and country. Therefore, any actions made against the ship and crew,
treason against whomever the ship is representing? The law today points towards the criminal
act which is made in international waters is within everyone's jurisdiction as long as the State
party has signed and ratified the UNCLOS treaty.5.
3
Vienna Convention on the Law of Treaties; opened for signature 23 May 1969, (entered into force 27 January
1980)
4
Treaty of Tordesillas; Spain, Portugal; opened for signature 2 July 1494, (entered into force 1481).
5
into force 16 November 1994) art 56.

Thanks to the modernisation of the Treaty of Tordesillas, which is the rock in which
UNCLOS was built, Piracy is a lesser evil then it was only a few centuries ago. The
jurisdiction is now somewhat defined, although I would argue it is almost soft law, as lines of
international waters, is consistently being challenged and rearranged, and therefore the rules
don’t seem hard and fast; this is seen in China's pushing at the boarders of Australia, creeping
further and further into Australia's waters and then claiming the waters as theirs. The
expectation of Pirates in the Movie series, is that of hero's, searching for love and treasure
while fleeing from the evil government pursuing them. The Reality being, these Pirates,
looting and stealing their way through the ocean, are nothing more than international
criminals. Guilty of more heinous crimes thought possible in more ports thought possible.
The reality seems like a distant truth, floating through the currents of the ocean.

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Pirates of the Caribbean: Expectation vs Reality

Piracy consist of any of the following acts:

Jade Thomas LAWS2000 Shireen Daft

Jade Thomas LAWS2000 Shireen Daft

Jade Thomas LAWS2000 Shireen Daft

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