| This dissertation tried to expound the theory and practice about pirate and piracy in the international law of sea,to carry out the history and current situation of the piracy,to sum up the characteristics of the modern pirate,to analyses the cases and legislations about piracy in detail, especially the clauses relating to the piracy in 1982 "United Nations Convention on the Law of the Sea ".Then,the dissertation analyses mechanism and ways resolving the piracy problem in various patterns and submits suggestions for how China should face the piracy problem specifically.The main body of the dissertation is allotted together for the introduction,text and conclusion,there are five chapters in the text.The first chapter discussed the development of piracy problem in international law of the sea.The pirate's development was accompanying to the conquer of the ocean by human society,since there was the marine trade,there appeared the pirate who had made a living by this.In endless history,the standard evolution about piracy in the individual country and international social order was the model representing the changing mind to "pirate" and the effort process in repression piracy of human being The concept of piracy was almost not changeless during the past 1000 years, whose significance also had no equal to the others.The history of the piracy problem has been discussed in this chapter firstly.Piracy joins committing a crime or illegal activities not having been dropping a hint under modern international law as in ancient Greece and ancient Rome periods,which is only one kind of politics behavior.Even in the Middle Ages,piracy didn't compose an illegal act,the common people still did not make clear of the pirate's definition.Pirate's golden age was the 17th to the mid-18th century,which was also exactly the period in which the law had started to restrict piracy.In the modern times,country authority had defeated the pirate who is all the rage at that moment.The United Kingdom advocated that piracy is an illegal act and took legislation action to piracy firstly.In the middle to later time of 20th centuries,the International law scholars accepted that piracy was the exception to endanger the freedom of the high seas,was a crime to destroy International order and high seas' safety,and was to be "a common enemy of the human being " and a International crime,the piracy should be put in under "universal jurisdiction",every country can arrest it,try it and impose punishment on it. International law scholars did not has the common view to the piracy's definition,nevertheless,in the field of the International law document, before the ends of 20th centuries,also in International community there were a series of the treaties punishing piracy,especially a series of provisions of principle to piracy in 1982 "The United Nations Convention on the Law of the Sea ".All these articles could be gone by of every country when they were arresting a pirate on high seas.The first chapter then discussed the development of legislation repressing piracy problem.Ocean is the origin in which all living things come into being and maintain on the earth.The right to ocean concemed the common benefit of all people in the world,the development of law of the sea should be known first before going to know the piracy problem.In traditional law of the sea,ocean is divided into territorial waters and the high seas.And the high seas which is not belonging to any country takes up the proportion maximum,with its controlling principle called "freedom of high seas" in the International law of sea.Exactly,piracy threatens the most fundamental content of freedom of the high seas-the navigating freedom, so the international community administers the country to deliver its jurisdiction to the piracy problem.This principle lays its foundation in the customary law,and practices being originated from every country.The treaty also gained its evolution as fast as the development of customary law. Before 20th centuries,international society is accustomed to the piracy regulation all according to the international customary law during the past 17th centuries,the process being always ambiguous,but the systematic discussion from the customary international law to the treaty law of the piracy past out from "Report of the Sub-Committee of the League of Nations Committee of Experts for the Progressive Codification of International Law",to "Harvard Research in International Law,Draft Convention on Piracy with Comments",to "The 1958 Geneva Convention on the high seas",finally to "The United Nations Convention on the Law of Sea".These four stages were important stages in international piracy law. In the entire process of the treaty law's formation,the "universal jurisdiction" to the pirate is the item without doubt,the only question is the unlike views in every country to how to exercising such item.The most doubting questions are what the definition of piracy is and what the composing element of piracy is at all.The first chapter compared the piracy in international law and the piracy in domestic law finally.The piracy in international law should under the "universal jurisdiction" and should shoulder the responsibility by individual.Now,piracy can be tried and punished only by the arresting country and according to its domestic law.Besides international law,there are regulations relating piracy crime in a lot of countries,the international regulations can be exercised only by the help of domestic law.The differences between "the piracy in international law" and "the piracy in domestic law" should be made clear.The maximal difference of piracy between these two concepts lies in the jurisdiction exercising.That is to say, the jurisdiction to the piracy in the international law is a exceptional circumstance,it should be under the "universal jurisdiction" while how to inflicting punishment on pirate still depends on the domestic law. International law and the domestic law have to show the complement to each other,and then it is possible to bring the maximal effect to each other.The second chapters analyzed the up-to-date development of piracy in international law of sea.This chapter use the method of data studying to analysis the items in piracy and sea armed robbery law cases,including the ships name,IMO serial number,the flag country,date and time,types of ship,gross tonnage,name of area,method of attack,injuries to crew and passengers etc.,which were announced by the MSC of IMO.Through the analysis,we can know the forms such as time,area,victim boat and ship kind,tonnage,loss project and pirate's attacking way that the whole world pirate exercises at present,with area and their project,and with going a step further knowing the situation of every area.We also choose the significant cases such as M.V.Alondra Rainbo,M.V.Global Mars,and the priority cases in 2007 to analyze the new development of piracy in the international law of sea.This chapter pointed out the characteristics and causes of piracy problem.Today,as a kind of threates to marine safety,the endangers brought about by piracy to all the world can't be allowed to ignore.The modern pirate is unlike the ancient pirates who are always called as "knight" or "chivalrous",the modern pirate is one kind of the high-grade crime who takes economy as purpose downright.As one kind of non-traditional threat to the security,the piracy problem has already exceeded the simple economic field.The diversity of the piracy's development,the universality of the threat,the trend flowing together with the terrorism will endanger the entire world's life security.There are four kinds of particularities in piracy:organized,planned,armed and professional.There are three kinds of types in the pattern of piracy:low level armed robbery,medium level armed assault and robbery,major criminal hijack.At the end of 1980s and the beginning of 90s,the ending of the cold war promoted the whole world piracy problem.The influence of economy,the feasibility of domestic law in stopping piracy,the insufficiency of ability to enforce the law,and the disputes about prolonging the boundary of sea area and the offshore resources are able to hinder the effective cooperation in repressing the piracy problem.The second chapter finally showed its attention to the union of piracy and the terrorism of the sea.The terrorism is a significant challenge to the world nowadays,is threatening world's peace gravely.There is still no universal terrorism definition today.Though it is not reach complete common view in the definition,there are common characters and essential features of terrorism.It is easier to suffer terrorism assaults to the shipping companies in ocean.As the enlarging of the oppose to the terrorism,the terrist begin to turn its domain to the ocean and does the enormous threat almost to the end.It's shocked that the combination of piracy and terrorism, it is a ponder to international community that how to control the relevant problem after this arousing emergency.The third chapter reviewed gauge law system in the international law of sea to piracy problem.The article introduced the legislative regulation to piracy in main country of the world first,but if there are articles of "pirate crime" for imposing punishment on,every country's legislation is not consistent with each other.In the United Kingdom,there are "piracy act " and "Tokyo convention in act ".In The United States,there is "Title 18 of US Code".Others in France law,Russia Criminal code,Canada Criminal code,Spain Criminal code,Korea Criminal code,there are independence committing criminal of relating to a pirate inflicts punishment on article. While in Germany and Korea,there are regulations on general robber crime and aggravation robber crime only without the independent pirate crime stipulation in the criminal code.The third chapter studies classic cases relate to aspect such as armed rebellion group behavior case,the case about that piracy administers,the case about piracy place,the case about the inner betrays and the case about politic purpose etc.This chapter focused on Article 100 to 107 of 1982 "United Nations Convention on the Law of the Sea "and showed the judgments to the contents and pointed out the deficiency in which these articles embodied. In 1982 "United Nations Convention on the Law of the Sea ",the definition of piracy is almost same to the one in "The 1958 Geneva Convention on the high seas".According to the definition,Piracy consists of any of the following acts:(a) Any illegal acts of violence or detention,or any act of depredation,committed for private ends by the crew or the passengers of a private ship or a private aircraft,and directed:(â…°) on the high seas,against another ship or aircraft,or against persons or property on board such ship or aircraft;(â…±) against a ship,aircraft,persons or property in a place outside the jurisdiction of any State;(b) Any act of voluntary participation in the operation of a ship or an aircraft with knowledge of facts making it a pirate ship or aircraft;(c) Any act of inciting or of intentionally facilitating an act described in sub-paragraph(a) or(b).According to the Convention,all States shall co-operate to the fullest possible extent in the repression of piracy on the high seas or in any other place outside the jurisdiction of any State,so it is the duty of every country to cooperate in the repression of piracy.According to the Convention,where the seizure of a ship or aircraft on suspicion of piracy has been affected without adequate grounds,the State making the seizure shall be liable to the State the nationality of which is possessed by the ship or aircraft,for any loss or damage caused by the seizure.A seizure on account of piracy may only be carried out by warships or military aircraft,or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect.And according to the Convention,where the seizure of a ship or aircraft on suspicion of piracy has been affected without adequate grounds,the State making the seizure shall be liable to the State the nationality of which is possessed by the ship or aircraft,for any loss or damage caused by the seizure.It is still a dispute to the problem of the pirate proprietary fight of boat,ship and booty.The third chapter also gave comments to similar behaviors to piracy in the international law of sea.The boat robbery,air piracy in dreadful action, the unlawful acts against the safety of maritime navigation have some similarities with piracy in the international law of sea,but we can still draw a line between them by discussing their respective particularities.The fourth chapter talked about the cooperation among nations to stop piracy,having been mentioned the relations between piracy problem and the principle of cooperation among nations.The principle of cooperation among nations refers to that every country has duty to cooperate with the others in all respects without exception in political economy,society and culture.And it can be seen that the regulation from relevante international law document,the principle of cooperation among nations not only being the base of international law,also becoming a trend in which it will be the international duty of countries.The principle of cooperation among nations is the interdependence of the modern country,the foundation of developing of all countries.The principle has got the development conforming to the times it is unceasingly rich and displays new characteristics.Since the principle of cooperation among nations is one base of international law,it can be applied to the practice in punishing piracy.Moreover the applying of this principle is the request of punishment to international piracy crime.At present,the international instrument stipulates the principle in regressing piracy,that is to say,all countries should work together to oppose the piracy,to bear the duties in attacking the pirate.Then this chapter turned to analyze the problem in cooperating to repress the piracy.At present,the international community come across the problems in the process of operational striking are the length and breadth of piracy activity relates to the water area,the "white blank"of law's enforcement,be adjacent to the poor country,difficult to cooperate to strike, the action of the pirate is exercised secretly and complicated,dreadful influence ganging up,attacking means nimbly and so on.At present,there are two kinds of views in attacking the piracy by cooperation:the progress under the lead of the United Nations and various international organizations or the process under the regional cooperation with relevance country and power's participation,all the progresses should be complemented with the efforts of the whole shipping industry.The chapter discussed the cooperation of the international community to stop the piracy and the efforts.International Maritime Organization,the United Nations,and the International Maritime Bureau all set their efforts to regress the piracy.The owner of vessels,the captain seaman should also adopt all effective measures on stopping piracy and cutting down dangers to the seaman,to the ship,and to the international trade.The fifth chapters discussed the china's strikes to the international piracy crime.The article pointed out piracy threat to china,in fact,the ocean carriage of china has become a attacking target of piracy gradually, the ponder that the crime at the sea to our country is safety in passage headed by piracy threates has been shown gradually,the piracy has already showed obvious threat to national security of our country.How to attack the piracy in cooperation,how to protect our country's distant ocean safety, they are hanging over our heads gradually.At present countermeasures in striking pirate in china are two aspects with the sharpening perfect of legislation and practice.In legislation aspect, our country has already joined 1982 "United Nations Convention on the Law of the Sea "and ought to bear corresponding duty of the convention, but since our country didn't has clear stipulation in punishment numerous difficulties in the process suitable for use.For the problem resolving,we think it is necessary to stipulate the definition of piracy in china's legislation correctly and definitely for reference.In the aspect of practice, as a criminal act,piracy is repressed by a branch in maritime safety subordinate to Ministry of Public Security,and repressed by a supervising team of State Oceanic Administration,and repressed by Maritime Safety Administration to reinforce the connection with International Maritime Organization.Besides,the striving of navy is helping when certainly needing.Lately a lot of cases,such as M.V.MARINE FORTUNER, M.V.Tenyu,M.V.Cheung Son are indicating that China has already thought carefully that it will bring judicial procedure to trial in piracy cases and integrate the available repressing strengths to make the striking more effective.In the field of the regional cooperation,China and the relevant country cooperated closely to attack the pirate in the South China Sea.Rampant piracy problem in the South China Sea has already aroused attentions of every country oneself and the international organization in this area. International pressure forces country individual or cooperating to take activities to stop the pirate's action,expecting to be able to have an effect to solve the piracy problem.The defects of the whole world cooperation frame in the respect of attacking the pirate in the South China Sea are: International convention's boundary about "piracy " fixes indeterminacy, inharmonious,has a small effect to take precautions against attacking piracy,not all China and ASEAN countries join "United Nations Convention on the Law of the Sea " and the relevant conventions of United Nations and IMO,IMB in repressing piracy,the international maritime safety convention can not satisfy benefit of every country in the area,we should think more about how to put the regional cooperation into effect much and how to defend the maritime safety of the South China Sea conscientiously.Be to overcome the challenge that piracy problem in the South China Sea brings about,countries in the area and outside the border all try to build relevant cooperation mechanism,realizing area situation's stabilization.In the cooperation to attack the pirate in the South China Sea area,the construction is a kind of "many dicker pattern ".In the course of safe cooperation in striking pirate,every participative country's benefits are unlike,their strategy intention are also different.To china,to solve piracy problem effectively,the effort of the individual country is insufficient,we should have the departmental chauvinism integrating strength of the country in this area,removing every country's own selfish benefit,and establish many-sided regional cooperation mechanism,and then we can be able to solve the problem efficiently.On one hand China should make great efforts to become the ocean powerful country,on the other hand china should deal with more concrete matters to promote many ways of regional cooperation in the South China Sea.Chinese participated in many actions for regional cooperation in attacking pirate and signed various conventions and took part in many organizations in opposing pirate in this area and participated in actively to our country's own pirate activity,good faith and efforts having been demonstrated from these actions sufficiently in the respect of attacking the pirate,defending world shipping safety by our country.In the future,how much dynamics and attentions that Chinese shows in striking piracy is not only important to the development of our country's shipping industry,to the benefits in safety of ocean,but is essential to the far-reaching influence to the international image of our country...
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