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Research On The Issue Of Jurisdiction Of Maritime Terrorism

Posted on:2016-11-12Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2296330467993577Subject:Law
Abstract/Summary:PDF Full Text Request
After9/11, terrorism has become world’s public enemy No.l. Terrorism is becoming more and more serious, which not only gravely threatens countries’land security, but also endangers their maritime safety. Nevertheless, for the moment, maritime safety, which is on a spreading trend, hasn’t received accordingly enough attention from those countries. Maritime transportation, as the lifeline of international trade, has frequently been attacked by terrorist organizations.However, for maritime terrorism jurisdiction, countries, out of different interests, assert positive or negative administration, therefore, jurisdiction conflict rises up. And it is bitterly contested if maritime terrorism should be brought into universal jurisdiction principles, which makes maritime terrorism management, for all countries, difficult to reach a consensus and also traps those in jurisdiction dispute into endless litigation exhaustion and diplomatic intrigue. Exploring reasons of current maritime terrorism jurisdiction issues and proposing corresponding solutions are the purpose of this paper.In the first part, the first and second section briefly introduces the definition of maritime terrorism and terrorism from the perspective of international conventions and scholars, and the third section distinguishes maritime terrorism and pirates, which are similar to it.The second part brings up current maritime terrorism jurisdiction, such as territorial jurisdiction, personal jurisdiction, protective jurisdiction, and analyzes the advantages and disadvantages of those three.The third part introduces those main problems existing in current maritime terrorism jurisdiction, which are those countries’identification problems for the universal jurisdiction of maritime terrorism and jurisdiction disputes, and analyzes them from both the origin and solutions.The fourth part is the solution of identification problems for universal jurisdiction and jurisdiction disputes brought up in part three. For example, the first section, for all countries’ identification problems for universal jurisdiction of maritime terrorism, puts forward the solution of "bringing maritime terrorism into universal jurisdiction and conducts feasibility research and feasibility. And the second section, for jurisdiction disputes brought up in section two of part three, proposes countermeasures, such as combining priority jurisdiction principle and the most closely linked principle of crime, making the definition of maritime terrorism clear, promoting international and domestic legislation of maritime terrorism jurisdiction, and strengthening cooperation and communication of jurisdiction between different countries.
Keywords/Search Tags:maritime terrorism, jurisdiction, international law, universal jurisdiction, jurisdiction disputes
PDF Full Text Request
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