Sovereignty Denied & Sovereignty Yielded Through the Looking Glass on 21st Century Piracy in the Seychelles.

摘要

Using the case study of 21st century Piracy as it affects the small islands archipelagic state of the Seychelles, this paper sets the stage for a broader discussion on the "sovereignty of small island states in international law". Sovereignty can be viewed through different lenses; "sovereignty denied" considers the many challenges faced by small island states and their claim to the traditional concept of sovereignty, as promoted during the decolonisation era and projected by the right of self determination. On the other hand "sovereignty" can also be "yielded" by small island states, where the "jurisdiction" of the state becomes a resource. This is demonstrated through the degree of international assistance afforded to the Seychelles in dealing with pirates and more generally, through the development of offshore companies in small island states. Consequently, this paper suggests that international law is both the problem and solution to the sovereignty of small island states.