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Studys On The Shortcomings And Perfections Of The Definition Of Piracy In International Law

Posted on:2012-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:L X XiaoFull Text:PDF
GTID:2216330338972092Subject:International law
Abstract/Summary:PDF Full Text Request
The piracy has a long history, though at the beginning people did not think it is a crime, and later it evolved into the common enemy of all mankind, especially developed to present it has more new features, it is a serious threat to the safety of maritime navigation . An important legal basis for the punishment of piracy crimes in international law is the 1982 "United Nations Convention on Law of the Sea," but with the surge of piracy pirate crimes the international law has been gradually highlighted many deficiencies. In order to better combat piracy crimes, protect the national safety of navigation, and to improve the international law, especially the punishment of piracy crimes as the definition in relevant international legislation has very practical significance. This article focuses on the shortcomings of the international law which has defined the crime of piracy, and put forward my own proposals. This article is divided into introduction, body and conclusion of three parts. In which the body is divided into the following chapters.The first chapter describes and analyzes the shortcomings of the definition of piracy crimes in"United Nations Convention on Law of the Sea". The first is the introduction of the definition of piracy, and then from the four aspects of he subject, subjective, object and objective of the definition in existing international law it analysis the limitations of the existed and the resulting problems in the Convention.The second chapter is to analyze the other international laws, in order of time presents the formation of the relevant international legal system on the punishment of international crimes of piracy shortcomings of the definition of piracy crimes in international law, and analysis the limitations of the existed and the resulting problems. It has very practical significance of the definition of piracy crimes.The third chapter is the main purpose of this article, which is the proposal of definition of piracy crimes, both from the perspective of international law and domestic law. I want to put forward my own views from the perspective of international law and to make a new definition of piracy crimes under the international legislation vision. Meanwhile, Precisely because of the legal gaps in the domestic regulation of the pirate crimes, it is an important inspiration to the domestic regulation of China.
Keywords/Search Tags:piracy, piracy crimes, "United Nations Convention on Law of the Sea", legislative proposals
PDF Full Text Request
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