Studies On Civil Legal Issues Of Private Maritime Armed Security

As the number that shipping market employed the private maritime armed security to defend the pirate is increasing, international society continue formulate rules to regulate the increasing practice. The private maritime armed security may violate UNCLOS and the criminal law of some relating countries for the reason that they carry arms from embarkation to disembarkation. However, the maritime security contract is geared to the common civil contract. Therefore, this article clear concept and the relationship between private maritime security companies and private maritime armed security on the basis of combing the development history of private maritime security companies, and analyze existing norms giving compliance requirements to private armed maritime security. Then to determine the main rights of private armed security in maritime security enjoyed by the contract and the main obligations owed, and analyze the defense its performance may invoke. Not only able to provide the contract reference to the contracting parties to determine the contract content, but also to balance the interests of both sides to some extent, in order to provide theoretical guidance by the analysis for the increasing use of private armed security maritime practice.This paper is divided into three parts:introduction, main body and conclusion, and the main body includes five chapters.The first chapter analyzes the development of private military security companies, and found private maritime security company is one part of this kind company. On top of this, combined with the International Maritime Organization’s relevant documents to determine the concept of the private maritime security companies and private maritime armed security, specifically the subject this article discusses.The second chapter combing the relevant policy guidelines and legal requirements provides the basis for the respective rights and obligations of analysis,and tendency of consistent policies and regulations pave the way for the performance of the defense business practices later analysis to.The third chapter analyze the nature of private maritime armed security on ship by comprising the labor relationship confirmed standard of different countries, and find it is to perform as an independent contractor and still as an employee of a private maritime security companies.The fourth chapter the different rules to regulate the private maritime armed security provide the basis to analysis the main rights and obligation both private maritime security companies and the private maritime armed security.The last chapter analysis private maritime security companies may exist the risk of citing traditional contract defenses, further to explore the private maritime security companies may invoke the defense of business practices and public policy and exemption from liability for breach, in order to balance the interests of the parties in the contract.