Research On International Law Of Attacking Somalia Pirates

Piracy act seriously threatened the international community of maritime trade and transportation security, to effectively combat piracy activities never ceased and the countries of the struggle between. In 2008 the Somali pirates aroused the concern of the countries in the world, has more than 30 countries in the Gulf of Aden area was the robbery, in view of the Somali region special political environment, the United Nations Security Council had adopted resolution No.1816,1836,1846 and 1851 resolution authorized the Somali Government, working together within the scope of the grant, including the use of force, by all means on Somali pirates to effectively combat. However, the United Nations Security Council authorization on the 1982 United Nations Convention on the law of the sea and of the 1958 Convention on the high seas has a definite impact. Although the United Nations Security Council in resolution affirming the authorization should not be regarded as customary international law, but made can be seen with the development of the society than before the pirate industry also changed substantially. The international community against Somali pirates, although the United Nations has made a series of resolutions intended to control the Gulf of Aden area pirate infested phenomenon, but in the process of judicial practice in existing international norms are holding back on Pirates effectively combat and punish. Therefore, in order to meet today's needs in the fight against piracy, and improve the combat reality piracy of efficiency, perfect and update related pirate crime legislation has become particularly important.This article the author from today's international community hotspot against Somalia by pirates, first describes the origin of the Somali pirates and characteristics, and on its behavior and international law on the definition of piracy for comparison against Somali pirates, explains the legal basis. Subsequently, the author describes the United Nations Security Council on the fight against the Somali pirates of new development, analysis of the existing relevant international law norms. On this basis, I finally just how to adapt to today's situation on the pirate to effectively combat proposed the recommendations.Piracy is not only a serious threat to the stability of the international community, as many of the pirate ship in order to avoid the often bypass pirates Rob events area, resulting in an increase in the cost of carriage of goods, and because of lack of familiarity with the airline also increases the risk of shipping. Whether it be on the flag State of the economy or ship security all the implications. In addition, armed ships will be identified as troopships. International law provisions of the merchant shipping not be allowed to carry weapons, weapon transport ships are. usually military ships, warships considered treatment. Therefore most of the sailors encountered pirates when, almost no fight can only be labelled at all. The fight against piracy, prevention is also very important. The future of international law on how to improve the capacity of ships, for merchant ships carrying weapons ban can do some proper breakthrough, are worthy of the international community in future issues.The Somali pirates, behind its rampant crazy by Somali authorities confusing political environment and the poor and backward. The United Nations had been established in Somalia in the primary supporting Somali Democratic Republic, but because of the Somalia National tribal mix, economic form a single and the international community and the lack of Somalia related assistance. Local people forced to daily stress had to engage in the pirate industry resulting in Aden sea pirate-infested. Therefore, assist Somalia established effective Government, help the Somali region to restore the economy, the symptoms and is the restriction of piracy. Furthermore, existing international law norms of international law in the United Nations law of the Sea Convention, the Convention on the high seas piracy to define and propose relevant measures, but limit the punishment. With the development of the society of piracy in the form of different laminate on each side, has been far from enough to meet today's punishment of the crime of piracy. Develop appropriate mandatory provisions, the establishment of separate legislation, establishment of pirate appropriate coordination mechanism and judicial mechanisms, pirates criminals forming powerful stun effect, in order to reduce the incidence of piracy. There, the pirates crime "universal jurisdiction" and "international cooperation". Universal jurisdiction is recognized by the international community to combat piracy of the specification, but in the process of judicial practice, universal jurisdiction in driving is often affected by the restriction of State sovereignty, causing the pirates escape punishment of criminals, whether international law on universal jurisdiction to the rules list exception worth exploring. International cooperation is also an important means of combating piracy, but one of the relevant United Nations legislative pirates are to "appeal", and other ways to international cooperation as countries punish piracy of obligations, can build on this issue and develop the coordination mechanism for mandatory provisions deserve discussion. At present, international law for the punishment of the crime of piracy more pursuant to domestic law. However the actual situation in the domestic law and legal processes are not a, so the punishment for combating piracy will inevitably be unfair contrary to the law of equity. The future of the international community can be initiated special punishment of the crime of legislative similarly pirates are a cause for concern.To sum up, I think that the international community is actively for the punishment of the crime of piracy positive efforts, and those efforts never stopped. But today's Somali pirates reminds us it should adapt to today's social development is about Pirates crime legislation. A series of United Nations Security Council resolution as we fight against piracy in Somalia provided a basis for countries and reached a consensus. The fight against piracy requires the concerted efforts of the international community, the need for strong regulation of piracy. But equally there is a need to strengthen the prevention of crime on the pirates, consciousness of strict compliance with the obligations of the Convention confers on the community.