U.S. privateering and China in the 21st century: Tied at anchor

Abstract

Abstract Given calls for the United States to launch privateers against China, the article contends that such an effort would be unsuccessful for two reasons. First, the contemporary private military and security industry – the focal point of present calls – is not attuned to privateering. This is because of the following: its defensive posture; quantitative and qualitative issues related to maritime vessels; its non-U.S. ownership; concerns about innocent passage; and the nature of its expertise. Second, the article contends that despite legal uncertainty regarding privateering, the necessary international relationships for privateering to function are not in place.