On International Rules Against Pirates And Development

In recent years, pirates have been an increasing threat to people'life and property, international shipping industry and international stability. It requires international society to take necessary actions to modify and develop international rules against pirates in order to maintain the safety of international shipping and relevant sea areas. In view of this, the author intend to, through research and analysis, provide valuable suggestions in respect of international rules concerning pirates. This thesis analyzes current international rules involved and, by combining new trend in theory and practice in relation to combating pirates, provides some legal suggestions on modification and development of international rules against pirates. This thesis is constituted by preface, main body and conclusion. Main body consists of five chapters.Chapter One briefly introduces history of pirates and summarizes new characteristics of modern pirates compared with the traditional ones and the harms caused by pirates. Chapter Two provides legal rules in respect of combating pirates. First, this chapter introduces historical development of international rules against pirates and sets out relevant international rules which are analyzed in respect of those terms, limitation and progress; Second, this chapter lists domestic laws or regulations against pirates of some typical countries and presents the idea that crime of piracy ruled by domestic laws or regulations contributes to connection between international and domestic rules.Chapter Three analyzes relevant terms of United Nations Convention on the Law of the Sea (hereafter referred to as UNCLOS) against pirates and points out its limitation; Second, this chapter analyzes universal jurisdiction against pirates, in this part universal jurisdiction is defined, process of establishment of universal jurisdiction in action against pirates is introduced and controversies and problems of universal jurisdiction provided by UNCLOS is analyzed in respect of combating pirates; Third, this chapter analyzes the issue of hot pursuit against pirates, main contents of which are definition of hot pursuit, terms of hot pursuit provided by UNCLOS and its limitation.Chapter Four researches the issue of transnational escort against pirates by warships. First, this chapter introduces the origin and definition of transnational escort; Second, this chapter analyzes international issues incurred in the process of transnational escort and necessity and feasibility of transnational escort; Third, this chapter briefly introduces situation of transnational escort in Somali waters. Chapter Five analyzes development of international rules against pirates. On the basis of aforesaid problems or limitations of international rules against pirates, the author, by combining recent new trend, provides suggestions in respect of modification and development of relevant international rules.