Analysis On The Current International Law Mechanism Against Piracy And Their Application

Piracy and armed robbery have frequently occurred at sea off the coast of Somalia in recent years, and in view of this situation, the international community began to enhance the combat against piracy and armed robbery. The combat should be conducted under international law, its ideal effect depending solely on co-action of the entire relevant international law mechanism. Yet, the intricacy of such a mechanism projects many problems concerning the international community's full interpretation and effective application of the irrelevant laws to the effective repression and full eradication of piracy and armed robbery. This thesis tries to reflect upon and make an analysis of the currently applicable instruments of the international mechanism and their application.This thesis consists of three parts: lead-in, text and conclusion, in which the text is subdivided into four chapters.Chapter I is an introduction of the history of piracy, the grave harmfulness of piracy to the international community, the leading characteristics of modern piracy, the legal notion of piracy and the discrepancy between national law and international law in terms of the definition of piracy.Chapter II is the body part of the thesis, covering the author's views on the components of the currently applicable law instruments and the function of the international organizations in the combat against piracy and armed robbery. The author concludes that the anti-piracy mechanism consists of both the law instruments like the UN Convention on the Law of the Sea and the resolutions made by important international organizations, and the big roles the important international organizations like the UN security council and IMO play in the relevant international affairs.Chapter III, the second body part, contains the author's analysis on the existing problems confronting the currently applicable international law instruments against piracy. They are the problems such as the over-dispersion, disunity and backwardness of applicable principles and rules, indistinct rights and obligations of relevant countries, and lack of effective executive bodies and juridical organizations to implement the relevant principles and rules, etc., which are all obstacles to the effective repression and eradication of piracy.Chapter IV reveals a rough plan for the solution of the existing problems with the currently applicable international law instruments, stressing the importance of the establishment and perfection of the relevant law mechanism and the full play of the function of the UN Security Council in the making of anti-piracy laws and the coordination of the international anti-piracy operations.