On The Plight Of The International Law Of Somalia Pirates Issue

Since 2008, the Somalia pirate have held under duress the passing merchant repeatedly, extorted large amount ransom money, and made earth-shaking events many times. Therefore, the marine great nations dispatch troops to the Aden bay sea area one after another to attack the Somalia pirates and attempt to maintain the international shipping security. The UN Security Council also held conference many times to research international harmony motion of how to crack down on the Somalia pirates.But, from the international law angle, the significance of Somalia pirate is very different from the traditional pirate.It has carried on the impact to the previous concept of "pirate" in the science of lawo At present, the concept of "pirate" which is widely accepted and suitable in the international law is from "high seas convention" in 1958 and the "the United Nations Conventions on the Law of the Sea" in 1982. These two treaties limit the piracy in "the high seas" and stem from "the personal goal". But the Somalia pirates'sphere of action not only includes the international waters, also includes sea areas of territorial waters, special economic area and so on that the tradition counter-pirate international law faces the challenge of being suitable or not.At present, the legal basis of various countries dispatching troops to the Somalia sea area to attack pirate's is to be all kinds, including international common law, national law, the United Nations resolution authorization, and so on, which lacks the unified international law foundation. As for how to deal with the captured pirate, there are the types of arrest and trial, matters drifting, the extradition, the reassignment, and so on, which lacks the unified trial basis of international law and trial organization. The countries have the difference in the significant matter of principle that the effect of attacking the pirate is not really ideal.The Somalia pirate are increasingly rampant.This article has systematically analysed Somalia pirate's characteristic,and pointed out the difference of significance between the Somalia pirate and the traditional pirate.It is the subversion and challenge to the concept of "pirate" in the international law。The article expounds the legal basis of various countries dispatching troops to the Somalia sea area,as well as the different procedure trying the captured Somalia pirate's from the different angle of international law. It proposes the suggestion to the question of attacking the Somalia pirate from consummating the related international law's angle,including to set up the regional trying center, to sign regional both sides or the multilateral treaties,to conclude the new international counter-pirate treaty, to set up counter-pirate legal machinery, and so on. At the same time, in view of our country's counter-pirate present situation, it proposes the suggestion of consummating the legislation stipulation of pirate crime in our country referring to "Pirate And Marine Rough stuff Domestic Demonstration Law" and "Marine criminal bill criterion (draft)", including the concept elaboration of the pirate crime, the jurisdiction, the trying organization, the discretion of punishment and so on.