Study On The Principle Of Universal Jurisdiction In The Piracy

The piracy is an ancient international crime. As the piracy become more and more serious and harmfulness, it attracted many international law researchers including Chinese scholars. Although some international conventions for example the United Nations Convention on the Law of the Sea and the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the new International Ship and Port Facility Code. All have constraints and regulations to restraint piracy. The questions about the piracy's jurisdiction become sensitive and complex for the piracy's international and cruelty. So we analyze on the jurisdiction of the piracy and punishment. It can deepen our international cooperation on attacking piracy and punishing such crimes more effectively. Maintain the safe and peace of international navigation.The dissertation is divided into three parts:preface, main body and conclusion. The main body included four chapters:Chapter one firstly states the legal definitions of piracy, the characteristics and harmfulness of the piracy. Then there are some discussions and analysis on the jurisdiction against piracy. Lastly, deeply research the universal jurisdiction of the piracy. Finally we can form the basically recognition about the piracy's universal jurisdiction.Chapter two the questions caused by the application of universal jurisdiction on the piracy. Firstly the jurisdiction conflict in the application of the piracy's universal jurisdiction. Then the question caused by the malicious evasion when the principle of universal jurisdiction couldn't apply to. Lastly, I will talk about the application of universal jurisdiction in the sensitive regions.Chapter three there are some suggestions about the improvement in the application of universal jurisdiction. Universal jurisdiction is used conditionally; the interested nations have the priority jurisdiction on the piracy. Some nations can give up the jurisdiction in the positive conflict and take duty in the negative conflict. Every nation can join the attacking piracy positively. These can play a role in making the principle of universal jurisdiction more effectively.Chapter four I will discuss the application of the principle of universal jurisdiction against the piracy in China. Firstly, I will introduce the present situation about the jurisdiction of piracy in our nation. Then give some points that we must take attention. Lastly, some suggestions which will improve the effect about our actions in attacking the piracy will show. Make the relationship between theory and situation.