The Construction Of International Military Cooperation Regime Against Piracy In Somalia

On March 4th, 2010, the No.5 escort squadron of Chinese Navy is sailing off from Sanya in Hainan province for purpose of taking over the escorting mission from the No.4 squadron in the waters of the Gulf of Aden. As there are almost 40 warships from 20 different nations stationed in the Gulf of Aden with dense patrol, the Somalia pirates are expected to evade those security forces and continue the piracy in other waters. A lot of disputes and problems emerge in the process of defending the Somalia pirates due to the blank of the definitions about the behavior of piracy, the right of visit and the right of hot pursuit in the international law and although many nations propose to intensify security to protect from the Somalia pirates in cooperation, there is not a clear plan or program explaining the way to cooperate. Therefore, how to establish a long term cooperation regime to defend the piracy turns to be the central topic of this essay. This essay, according to the analysis on the current situation of the Somalia piracy and the clauses of defending the piracy in the international law, points out the limitation and deficiency in the current defending actions, then using the theories of international cooperation and international regime, discusses how to construct a multinational military cooperation regime.The full text is divided into five parts.Part 1"the cause of Somalia piracy and the menace"presents the definition of the behavior of piracy and comprehensively analyzes the rise of Somalia pirates, the reason of rampant piracy actions in Somalia area and the subsequent threats to the international marine transportation: the increase of shipping cost and the hazard to crews and property.Part 2"the necessity and possibility of construction of a multinational military cooperation regime"briefly introduce the theoretical basis of international cooperation and international regime, and analyzes the necessity of establishing a multinational military cooperation regime------that due to the state of anarchy in Somalia and the limitation of judicative solution on the piracy, only a multinational military organization can prohibit the frenzy piracy actions. On the other hand, the use of the international law aiming at defending Somalia pirates also provides the possibility of constructing such cooperation regime.Part 3"the principle of international military cooperation regime"analyzes the fundamental principles which need to be followed in the construction of a multinational military regime, A.K.A the principle of national sovereignty, the principle of humanism and the principle of equality and reciprocity. The principles are the essence of the International regime, which determines the propertiesPart 4"the mode of cooperation regime"quotes two modes:"Regional Cooperation Mode"and"International Organization Mode", inciting the anti-piracy actions in the Malacca by Asian countries and the anti-terrorism regime of Shanghai cooperation organization, in order to provide references and a rational way to construct the anti-piracy multinational military organization in Somalia.The last part"a specific institution of the cooperation regime"mainly focuses on the deficiency of the current regulations and laws from the International laws adapting on the defending Somalia piracy. And it also makes a proper proposal in terms of the definition of piracy behavior, the right of visit, the right of hot pursuit and the defense mechanism to the Somalia pirates, basically configuring a specific institution for the multinational military cooperation regime against the piracy issue.