Research On Somali Pirates In International Law

Piracy has a long history. Especially since 2008, the problem of Somali pirates seriously threatens the peace and stability, which is one of the hot spots on the research in the international law. This paper, from the perspective of international law, analyses the piracy in the international law, straightening out the legal ground of striking Somali pirates internationally, discussing the possibility of adding pirates in our criminal law so as to provide advice for the globalization of criminal law. It contains the introduction, the main body and the conclusion with the emphasis of the main body into three chapters.The first chapter explores the definition of piracy under the perspective of international law, which has experienced from the common law definition to the international treaty definition; reviews the principle and practice of universal jurisdiction over piracy; points out the current features of contemporary pirates and the responses of the international law.The second chapter analyses the new characteristics of Somali pirates; explores the nature and basis of the resolutions of the UN Security Council. Furthermore, the agreement of Somali government constitutes exemption from the international liability in the fight against Somali pirates. Meanwhile, the chapter evaluates the practice of the current three kinds of international cooperation mechanism and puts forward the suggestions for improvement.The third chapter explores the relevant Chinese criminal laws about the piracy; points out the shortcomings from related cases and analyses the necessity of adding piracy in the criminal law with reference from some advanced foreign legislation, and puts forward a charge in an indictment for piracy.