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Legislative Study On The International Maritime Security In Perspective Of The Non-traditional Security

Posted on:2011-12-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z F ZhangFull Text:PDF
GTID:2166360305981576Subject:International law
Abstract/Summary:PDF Full Text Request
With the development of the globalization, there are many common interests between countries around the world. How to dell with the challenge of non-traditional security is one of the greatest threats .And it could be a performance of non-tradition under the new safe paradigm in the international ocean shipping.This paper in perspective of the international law related with maritime security to be described in four parts and has 35000 words totally. The first part of this paper is"Threat to the international maritime security under non-traditional security measures". It illustrates the relationship between the non-traditional security and international maritime security by analysis. The second part of this paper is"Status of international maritime security legislation", which comments the international legislation related with international maritime security. It comments the international agreements , such as"The United Nations Convention on the Law of the Sea","International Convention for the Safety of Life at Sea","International Ship and Port Facility Security Code"and"Convention for the Suppression on Unlawful Acts against the Safety of Maritime Navigation". These review outline the legal framework of international maritime security, Paving the way for the analysis followed. The third part"Law regulation of behavior of endangering the safety of international maritime"analyses the law issues about Maritime terrorism and piracy in perspective of international law. In the part of analysis on maritime terrorism, especially on the jurisdiction of maritime terrorism, it is practicable to execute universal jurisdiction on the maritime terrorism. As far as the issue of flag of convenience , it is necessary to enhance the"genuine relation"of flag state and vessel to protect the safety of maritime. And as in the issue of new development of"the right of visit", we should strength the right respect of the principle of"free ocean". In the part concerning piracy, the existed definition of"piracy"is too narrow to solve the pirate problem. Thus it is necessary to enlarge the definition. At the same time ,we give review about the new development of jurisdiction on the piracy and suggestions about how to improve . The forth part of"the improvement of International maritime security Legal System—in perspective of building up law cooperation system on international maritime security", which analyzes on how to response to the cooperation system of international maritime security, and emphasize the importance of the cooperation. The international cooperative systems include the global security cooperation, the regional security cooperation and bilateral security cooperation. On the basis of these systems , we should under the principle of national sovereignty to join the international cooperation. And it is also important to perform the duty of treaties. We should adapt the treaties of technology , transform the treaties which have much to do with national sovereignty. Thus, we can make balance between the protection of national sovereignty and implementation of international treaties constructively.
Keywords/Search Tags:Non-traditional Security, Maritime terrorism, Piracy, Flag of convenience, Universal jurisdiction, Right of visit
PDF Full Text Request
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