On Legal Issues Of International Marine Transportation Security Maintenance Under Non-traditional Security Behavior

With the in-depth development of area, internationalization and globalization, waterway transportation plays an irreplaceable role in the development of the world economy. After the end of the cold war, maritime terrorism, smuggling, marine pollution and other non-traditional security problems in marine field intensified, seriously restricts the national rights and interests on sea. In recent years, the Indian Ocean tsunami, powerful typhoon in the Philippines and other serious natural disasters, and the Malaysia airlines passenger plane lost events, caused huge losses for related countries, and enhance global highlights about the necessity and urgency of the ability to cope with non-traditional security threats. Therefore it causes widespread concern in the international community.For this reason, this article attempts from the perspective of legislation and practice, analyzing the non-traditional security problems which bring about by the threat to international shipping security and puts forward corresponding countermeasures. This paper is divided into six chapters, about 120000 words. Chapter I studied the background and conception of the behavior of marine non-traditional security and the international legislation on it. Chapter II analyzed the dilemma of regulation on the behavior of marine non-traditional security from three perspectives. Chapter III researched the necessity and feasibility of the maintenance of the system of international marine security. The last chapter put forward the legal countermeasures of maintenance of international marine security from three perspectives.Chapter I included three parts. Part one introduced the notion and characters of the behavior of non-traditional security. Part two studied the definition and forms of the behavior of marine non-traditional security. The last part commented the main legislation on the behavior of marine non-traditional security from the perspective of pirate, marine terrorism, marine illegal smuggling and marine environment pollution.Chapter II included four sections which analyzed the necessity of construction on legal system of international marine security from the view of the need, the silk road and regulation on the behavior of marine non-traditional security and the feasibility of construction on legal system of international marine security from the view of practice, law and political ethic. Part three discussed how to perfect international legislation from the view of pirate, maritime terrorism, marine illegal smuggling and marine environment pollution. Part four studied on how to perfect the enforce from the same perspectives of part one. The last part studied how to perfect the justice from the points of global cooperation, regional cooperation and bilateral interactive mechanism. At the same time, this part discussed the way of China to participate the cooperation of international marine security.Chapter III included two parts. Part one analyzed the non-system of international legislation and conflicts between the treaties from the view of legislation. At the same time this part deals with the main problems of the international legislation.Chapter IV has two parts which discussed the dilemma and barrier of enforce from the point of jurisdiction and the right of visit.Chapter V has three parts which reached the judicial issues of the behavior of marine non-traditional security, such as judicial cooperation, judicial evidence and enforcement of judicial decision.Chapter VI included four parts. This part discussed how to promote the international legislation from the views of pirates, marine terrorism, marine stowaway, and marine environment pollution, and also discussed enforce of the law. At last, the paper discussed judicial corporation from the way of global, regional, and bilateral corporation. At the same time, the paper focused on how to participate into the international marine transportation corporation for China.