Blogs > Liberty and Power > Piracy: The Free Market Solutions

Aug 15, 2009

Piracy: The Free Market Solutions




The following is also posted on my personal blog, "E pur si muove!":

What did the captain and crew of the Maersk Alabama have in common with the victims of the Binghamton murders?

Both were unarmed and defenseless against evil.

In the Binghamton case, this probably had to do with the fact that government offices, such as immigration services centers, tend to be no-gun zones. In the case of the commercial ship, the reasons are more complex.

Jane Jacobs told a story in a brilliant book years ago that is very much to the point here.

During the Middle Ages, she says, the rising merchant class of the island nation of England found that to really prosper they had to cross the seas to conduct trade in other lands. But the seas were swarming with pirates, and they lost ships and treasure. But they found a solution. Pooling their resources, they built a flotilla of armed ships. Then they gave the ships as a gift to the king, with the request that his men go out and clear the seas of pirates.

Why, having the resources and the ships, didn't they themselves go out and kick pirate butt?

There are at least two sorts of reasons. First, trading and fighting force with force are two very different skill sets. The solution to the problem of the Maersk Alabama is not to say to the crew,"Here, have some guns!" They are not trained in their safe and effective use. There are indeed a number of reasons why they don't want to be so trained.

As Jacobs points out, traders and professionals in the use of deadly force follow moral codes that are profoundly different, and they generally do not mix very well. Trade is based on on a respect for human rights -- the main ones involved admittedly are property rights, but they are rights nonetheless. To trade valuable goods with a complete stranger who is armed would mean worrying about whether he might just kill you and take your goods for free. If the Maersk Alabama had been armed, there are ports in the world that would not have allowed it to dock. Its mere presence would constitute a security risk.

What is the alternative to do-it-yourself security? There are plenty of people who are saying that the only long-range solution is to go in and"fix" Somalia. I think these are the same people who"fixed" Iraq, Afganistan, and Vietnam. Remember them? They are much, much more dangerous than the pirates. If they have their way, they will take far more lives and destroy far more treasure. Come to think of it, they already have.

But there is a third way. For a fee, private firms who specialize in protective services, will protect your ship. Depending on the policy you purchase, they may put armed guards on your ship or, if for any number of reasons you don't want to do that, you can take out a fancier and more expensive policy and they will escort you with a convoy of armed boats through pirate infested waters. The latter sort of policy would solve the unable-to-dock problem. You can rendezvous with your guard boats at a pre-arranged point and part with them after passing through the dangerous waters, at which point their check will presumably be in the mail.

Like everything else in life, the third-party security alternative has both positive and negative aspects. But with time it may prove far preferrable to both alternatives: either continuing to count ransom and pirate violence as an expense of doing business, or allowing liberal imperialism to shove us into yet another political black hole in the Middle East.

Either one of the main free market solutions have one big advantage over any government solution: They will be paid for by the people who benefit the most from them. And they will be paid for if, and only if, they are worth the cost.



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Lester Hunt - 4/14/2009

Kevin, Having thought about it some more, I remember that there is a tradition of referring to private ships who conduct (what the speaker may believe is) a just war as "pirates" (eg., Sir Walter Raleigh). Also, the word is sometimes used for recipients of letters of marque. Though note that for these people the term "privateer" is also available (whereas it does not apply to the Somali pirates).


William Stepp - 4/14/2009

The fishermen who were fishing the Somali coastal waters to depletion were the Somali fishermen themselves.
They became pirates when their incomes from fishing fell.
The solution to both the depletion problem and the problem of dumping nuclear (and other) waste in the coastal waters is to allow private property rights in them.


Lester Hunt - 4/14/2009

You could call it that, but I guess I would prefer to reserve "piracy" to refer to a certain way of violating rights, not defending them. The pirate, like the brigand (the land-going equivalent) is a sort of thief. That would mean, eg., that Ragnar Danneskjold is not actually a pirate.


Kevin Carson - 4/14/2009

From the alternative news commentary I've seen this past week, maybe piracy *is* the free market solution. It's arguably the means, in a stateless society, of dealing with aggressive behavior like fishing one's coastal waters to depletion and dumping nuclear waste and other toxic industrial wastes.


Lester Hunt - 4/13/2009

It can't be generally illegal to use private security services. I got to thinking about this issue when I saw, last week, the CEO of such a security company interviewed on Fox News. He had already helped ships to get safely through these waters several times, he said. He even described the two sorts of policies that I discuss as ones that are offered by his company. That was where I got the idea. Also, that Oxford study I linked to discusses the practice as not only a live option but as something that has already been done. The main obstacle seems to be the unable-to-dock problem, which can be solved by the security service.


Crawdad - 4/13/2009

Dr. Marina,

Since these ships are operating in international waters and the pirates are hijacking them there, trade is being disrupted. Costs are being incurred for the companies. No?

I'm not sure about the connections you are making between piracy and U.S. government policies in Somalia. I don't think the U.S. should be involved with the warlords either, but I don't see how that's relevant to ships, from numerous countries, being targeted by pirates. If the companies had the right to protect themselves the U.S. government wouldn't have to be involved at all. A good thing.


Croley, Richard - 4/13/2009

As I understand International Laws of the Sea, it is illegal for these cargo ships to be armed. Up until recently, piracy of this type was rare if not nonexistant. The companies and governments have had little time to adjust their strategies and the companies have little options because governments and international bodies make the laws. Can you imagine how long it will take to get the rules changed with all the parties involved?

My thought was that if the companies had the rights of self protection and availed themselves of it as I described above, the concerns over governments, like the U.S., using it as cover to push the conflict ashore might be eased.

At present, we are seeing the escalation I would expect with the U.S. Navy, as well as other navies, patrolling the coasts of Africa.

I'm offering all of this as just off-the-top-of-my-head thinking. I'm not well versed in maritime history so I'm not sure how or why the laws against armed merchant ships came about. My suspicion is that it has to do with their having to enter numerous ports and jurisdictions.


Lester Hunt - 4/13/2009

One clearly relevant difference between hiring guards and hiring an army: the former is obviously an individual's (or corporation's) right to do.

Maybe the reason Jonathan thinks these guards would really be an army is that he is anticipating pitched battles with the pirates. For reasons others have given above, I think this is unlikely. The pirates are not warriors going out there to die. They aren't an army either, just thieves!


William Marina - 4/13/2009

The Somali pirates give a cut to their local Warlords. In the struggle there the US has supported the Warlords against the radical insurgents, hence until the US captain was taken, there was little incentive to act.
Abstract theorizing apart, we will now see if the US chooses to act against piracy as it did in 1803, or continue to support the Warlords.
Trade has little to do with any of this!


Jonathan Dresner - 4/13/2009

I'm not too familiar with the specifics of the Law of the Sea at this point: what part of what you just described isn't legal at the moment, and if it is legal, why haven't the 'rational actor' companies implemented it? (and if it isn't legal, why haven't the 'rational actor' shipping companies pushed for changes?)


Crawdad - 4/13/2009

I'll try to talk reality.

Pirates are predators of opportunity. They are looking for low-risk, high return victims and big, unprotected cargo ships are tailor made for them. Just in the last couple of weeks several ships have been taken and ransomed. All but the Maersk Alabama have netted them millions of dollars in easy money. They will not stop until the risk-to-gain ratio is reversed.

The rescue carried out by the Navy today will already have them recalculating the value of continuing their assaults. If the cargo fleets were allowed self-protection on the high seas, whether through paid security forces or arming the crews the ratio would change even more and not to the pirates favor.

I don't think we are talking an army here given the tactics so far employed by the pirates - small, boats with a single mounted machine gun and a couple of guys with individual weapons like AKs.

One guy with the proper weapon and the advantage of a much superior position (higher and more stabe platform)could easily discourage that sort of attack. And he could do this while the pirates were still several hundred yards away. There probably wouldn't even have to be bloodshed, just a couple of warning shots. The pirates, after all, are looking to make money not die.


Jonathan Dresner - 4/13/2009

Property rights are a human right.

Your discussion of soldiers, police and bodyguards is so abstract and removed from reality, as is your belief that "bodyguards" sufficient to defend against high seas piracy wouldn't functionally constitute a military, as to be impossible to discuss seriously.

You're trying to win the argument by defining the terms. I'm trying to talk about reality.


Lester Hunt - 4/13/2009

If you think that the idea that property rights are human rights is a joke, I've got a million of 'em. You will find me a very entertaining person.

I am not talking about private "armies," but guards. There is a profound difference between a police officer or soldier, and a bodyguard. The duty of the latter is to protect individuals. The duty of a cop is to step in after the individual has been killed or hurt, and discourage future wrongdoers from hurting others. The constitutive duty of the soldier is not to protect individual life, but to end it. If they are ethical, they will not do so unnecessarily. On occasion they will even rescue someone (as they did today). But that is not their primary purpose.


Jonathan Dresner - 4/13/2009

Thanks. I haven't laughed that hard all day.

Didn't we give up private armies two centuries ago? There was some reason for that, I'm sure, if I could only remember....


William Marina - 4/13/2009

I agree about Jane Jacobs, and used that book when it came out as one of the basic texts in my Introductory core course to Interdisciplinary Studies.

The issues you raise, however, about piracy and self-defense are more complex than can really be discussed in a comment here.

Piracy occurred long before the 13th century, and was prevalent in early Rome until the Senate had reason to change its interests and policies, whereupon, it was promptly eliminated.

The famous "Japanese" pirates of a millennia ago, not Japanese at all, in the South China Seas might also be cited.

In general, piracy occurs on the periphery of Declining Empires, as was true when Great Britain used that to advantage with Spain.

As noted in the NYT today, however, the link between piracy and war is quite close! The most direct one is privateering.

In the American Revolution, such privateer ships took over 1,500 British prizes, the proceeds from which helped to finance our budding Industrial Revolution. The rising insurance rates also played havoc with the British merchants, and were probably as great a factor in bringing peace as the British defeat at Yorktown.

If the G20 nations are now to move toward their hinted Global currency, they will have to couple that with a crackdown on the piracy and other illicit activities which exist in the numerous interstices on the peripheries of the existing World System of Empires.

I rather doubt they can pull this off, let alone disarm much of Planet Earth. The Universal Empire has failed and a great Decentralization is in the offing!