On Reconstruction Of International Legal System For Combating Piracy

In recent years, piracy is increasingly rampant and handicaps the development of international navigation and the safety of commercial maritime routes. It shocks international economic order and shipping safety, and becomes the focal point of worldwide attention day by day. In order to deal with this phenomenon, international community takes attacking measures one after another or puts forward reform plans. But it is worth notice that the legal framework for combating piracy causes widespread dispute and conflict in its developing progress, such as the shortcomings of the definition and constitutive requirements of the crime of piracy, the universal jurisdictional system of piracy, the lack of implement and supervision mechanism and the existing international cooperation mechanism for combating piracy, all of these make the existing international legal system of combating piracy be difficult to cope with the actual demand. However, the most likely reason for these shortcomings is the character of systematization, profession and arm of the piracy on the one hand, but on the other hand is attributable to the lack of a set of complete, comprehensive legal framework for combating piracy, thus causes that piracy cannot be cracked down fundamentally and the international sea transportation safety cannot be maintained well. This paper starts with the analysis of the shortcomings of the definition, constitutive requirements , universal jurisdiction mechanism of the piracy from the character of the modern piracy and the requirements of the order, and mainly expresses the necessity of the reconstruction of international legal system for combating piracy, then elaborates the concrete proposals of reconstruction of international legal system for combating piracy through the aspect of the modification of relative piracy regulations, the set of implement and supervision mechanism and the perfection of international cooperation system. This paper expects that the reconstruction of international legal system can play an important role in cracking down piracy and maintain international order in the near future.This paper is divided into four parts.The first part starts with the shortcomings of the definition, constitutive requirements, universal jurisdiction mechanism of the piracy from the character of the modern piracy and the requirements of the order, mainly expresses the shortcomings of the international legal system for combating piracy. First of all, this part mainly discusses the shortcomings of the relative regulations which are promoted by the United Nations Convention on the Law of the Sea from the aspect of the shortcomings of the definition and constitutive requirements of piracy, and points out the relative regulations of the convention is difficult to cope with the actual demand. Then, this part focuses on shortcomings of the lack of the effective implementation supervising mechanism and the international cooperation mechanism of the existing international legal system for combating piracy.The second part elaborates the reconstruction necessity of the international legal system for combating piracy. From the aspect of the requirements of order, this part expresses the importance of the reconstruction necessity of the international legal system for combating piracy.The third part elaborates the concrete proposals of the reconstruction of the international legal system for combating piracy, and expects that it can deal with the shortcomings of the existing international legal system. It advocates combating piracy by the modification of relative regulations of the United Nations Convention on the Law of the Sea, the establishment of the implement and supervision mechanism and the international cooperation mechanism.The fourth part points out the importance of the reconstruction of the international legal system for combating piracy to maintain the international navigation and the safety of commercial maritime routes through the review of the main perspective.