The Principle Of Universal Jurisdiction Under The International Law To Contrlopiracy

Since 2008, the problem of Somali piracy has become more and more serious, attracting global concern. Although Security Council of UN has passed many resolutions dramatically combating piracy and inter-national community has also sent navy ships to escort, piracy in Gulf of Aden can not be effectively controlled. Therefore, the author hopes to resolve the global problem of piracy better by promoting some useful advice.According to relevant international conventions, piracy consists of five elements:(1) the illegal acts complained against must be violence or detention, or any act of depredation; (2) committed on the high sea beyond the land territory or territorial sea, or other territorial jurisdiction, of any state; (3) by a private ship, or a public ship which through mutiny or otherwise is no longer under the discipline and effective control of the state which owns it; (4)for private ends; (5)from one ship to another so that two ships at least are involved. The international community is confused about the definition of piracy due to the intrinsic flaws in the piracy law under UNCLOS (the United Nations Convention on the Law of the Sea,1982), the absence of criminal legislation with regard to piracy in some countries and the flaws in the principle of universal jurisdiction. To meet the needs of cracking down on piracy, it is important and necessary to strengthen the international cooperation to punish such criminals more effectively. First, the author analyzes the definition and the flaws of the crime of piracy. And then the author analyzes the flaws in the principle of universal jurisdiction. On the grounds of these, the author promotes some useful advice on how to strengthen the international cooperation to crack down on piracy.This dissertation is divided into three parts:preface, main body and conclusion. The main body includes three chapters:In the chapterâ… , the author firstly introduces the basic concepts of piracy and the concept and characteristics of the principle of universal jurisdiction.In the chapterâ…¡, the author analyzes the flaws of the principle of universal jurisdiction.In the chapterâ…¢, on the grounds of the flaws of the principle of universal jurisdiction, the author promotes some useful advice on how to strengthen the international cooperation to meet the needs to crack down on piracy. The author also promotes some advice on how to strengthen the cooperation between China and other countries in Asia to solve the question of the piracy in the Southeast Asia.