I read this on NYT article on Somali pirates.
The piracy industry started about 10 to 15 years ago, Somali officials said, as a response to illegal fishing. Somalia’s central government imploded in 1991, casting the country into chaos. With no patrols along the shoreline, Somalia’s tuna-rich waters were soon plundered by commercial fishing fleets from around the world. Somali fishermen armed themselves and turned into vigilantes by confronting illegal fishing boats and demanding that they pay a tax.
My question is, are property rights on water being established and perhaps (will) be recoginzed by the States?
I mean consider this, there is no clear and easy way for private individuals without the formation as a State can establishe their property rights on water. For example even if you were say the State of India who decides that you are going to charge everyone from using any territory of Arab Sea, Bay of Bengal, and Indian Ocean(uptil their range), you will have to flex your muscles into first making it clear that you have the power to keep people off your property. Only then you will be able to have other people acknowledge your property rights on it.
But if you actively attacked say an American ship because it came on your waters without your permission you will be waging a war between the two states.
Private individuals on the other hand do not face this kind of problem. What is anyone going to do at max, going to bomb Somalia? America is not getting involved in that shit at least anymore(black hawk down).
So lets say if Somalian pirates are able to wand everyone off the sea through hijacking of ships, soon nobody will be using those waters, so some Somalian pirates will be forced to allow ships to pass through without any incidents for say some Fees.
Who will be collecting that fees? Well just like in Somalia mainland in order to move from one city to another you have to pay a fee to every landlord you pass through(either that or be very very heavily armed). And no landlord is able to grow too big because then he is bombed the shit out by UN(like what happened with Islamic Courts Union). So the strongest fish in the water will be charging that fee, but this strongest people cannot be a single group of people because other wise the statist forces will bomb their headquarters.
So it has to be a bunch of people with their power not big enough to make an airstrike economical and strong enough to afford property rights on water.
Soon if more than alternate routes are developed to cross through that region, there will be a competition among the Waterlords to provide other services or cheap services.
For example fishing licenses will be given to commercial fisheries. Maybe even more sophesticated technology be developed for their use.
It all depends upon what unfolds in near future. Indian navy is currently the biggest threat to them since no other state has show any active interest in fighting them.
Either they will upgrade their ships into sophesticated modern fighters or they will retreat back into mainland Somalia.