The Research On Somali Pirates From The Perspective Of International Law

As we know that nowadays pirates have their appearance rampantly in the Gulf of Aden. Since 2008, this globally concerned issue—Somali pirates are still activating on the Cape of Africa. Security Council of UN has passed many resolutions dramatically combating piracy, and inter-national community has also sent navy ships to escort, but piracy in Gulf of Aden cannot be effectively controlled. Under this situation, the author takes Somali Piracy Research under Perspective of International Law as the thesis'title, hoping that the thesis can perfect definition of piracy, further clear the obligation of international organizations, and provide useful help and reference for China's law on piracy after carefully analyzing our current convention's limitations of defining and punishing piracy.The whole thesis consists of five chapters. Chapter one will give a general introduction about activities of Somali pirates and its development, features, rampant reasons and influences to international community as well. Chapter Two will clear the International Law's limitations in the definition of piracy and Somali piracy issue. Through the piracy and acts against marintime safety defined by the UNCLOS and Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation as well as the ineffective measures in Somali piracy issues, this part will also provide substantial support to redefine pirates'acts under new situation. Chapter three will present norms of International Law on punishing piracy and its limitations dealing with Somali issue. Through the analysis of cooperative obligation, principle of universal jurisdiction, right of approach and right of hot pursuit mentioned in the UNCLOS and Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, this part as well can conclude limitations in combating Somali pirates and find that navy convoys can make up gap. In order to combat Somali pirates, Chapter four will present suggestions to implement Internaitonal Law and views on the role that international organizations play in this combating. Taking UN Security Council, IMO and Interpol as examples, this part will provide reference in Somali issue through the understading of Regional Cooperation Agreement on Combating Piracy and Armed Robbery Against Ships in Asia. And Chapter five gives measures about how to perfect China's law on combating piracy. Hoping to initiate further studies, this part will contribute some preliminary suggestions on adding paricy clauses to China's criminal law and on the weight of multi-lateral cooperative mechanism of marintime counter-terrorist legislation, through the analysis of China's relevant laws, Somali issue and current legislative situation in other countries.