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Law and Legality in Pirates of the Caribbean and Contemporary Counter‐Piracy: More Guidelines than Rules?

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  • Anja Menzel

    (Institute of Political Science, University of Bamberg, Germany / SARCHi Chair: African Diplomacy and Foreign Policy, University of Johannesburg, South Africa)

Abstract

Marine imaginaries—cultural and political ways of imagining order at sea—shape both fictional representations of piracy and contemporary efforts to govern it, reflecting enduring fascination with the ocean as a space of both disorder and morality. As part of this broader imaginary, Pirates of the Caribbean dramatises a tension between lawlessness and legality at sea through the Code of the Brethren. Although this fictional code of conduct is frequently invoked by the franchise’s protagonists as the cornerstone of pirate culture, the rules set out in the Code are regularly bent or ignored to serve individual or collective self‐interest. Notably, the Code is perceived as “guidelines” rather than actual rules, yet exerts clear normative influence. This article compares this fictional rule of law among pirates in the Disney franchise with contemporary regional regimes governing piracy, reflecting on the tension between formal rules and the operational adaptability of maritime governance in both settings. Similar to the Code in Pirates of the Caribbean, not all anti‐piracy agreements are legally binding. Drawing on interviews with decision‐makers, the article explores the binding nature of regional agreements and draws parallels to the informality of rules in the films. Discussing the practical benefits of soft law for effective anti‐piracy cooperation, the article adds to the growing literature on “blue legalities,” exploring oceanic issues from a combined humanities and law perspective.

Suggested Citation

  • Anja Menzel, 2026. "Law and Legality in Pirates of the Caribbean and Contemporary Counter‐Piracy: More Guidelines than Rules?," Ocean and Society, Cogitatio Press, vol. 3.
  • Handle: RePEc:cog:ocesoc:v3:y:2026:a:11459
    DOI: 10.17645/oas.11459
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    References listed on IDEAS

    as
    1. Anja Menzel, 2022. "Fragmentation or Effective Governance? The Regime Complex of Counter-Piracy in Asia," Politics and Governance, Cogitatio Press, vol. 10(3), pages 80-89.
    2. Abbott, Kenneth W. & Snidal, Duncan, 2000. "Hard and Soft Law in International Governance," International Organization, Cambridge University Press, vol. 54(3), pages 421-456, July.
    3. Anja Menzel, 2022. "Fragmentation or Effective Governance? The Regime Complex of Counter-Piracy in Asia," Politics and Governance, Cogitatio Press, vol. 10(3), pages 80-89.
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