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A Study About Legal Mechanism Related To International Cooperation On Punishing Piracy

Posted on:2012-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:J W XuFull Text:PDF
GTID:2166330335963961Subject:International Law
Abstract/Summary:
Pirate is the enemy of all mankind, since its inception, it has brought great threat to the international society as well as challenged the order of international law. The fundamental reason of piracy lies in people in some coastal underdeveloped countries are so poor that they cannot feed themselves or they have no source of life, the gap between rich and poor become externalization. In order to survive, the people were forced to engage in the pirates' activities.At present, pirate activities are showing the tread of industrialization, networked and modernization, pirate activity is increasingly active and the scope gradually expand. All of these bring some challenges to international cooperation on chastening pirates. And to analysis the current situation of international cooperation on punishing piracy will do good to the better development of international cooperation.Currently, due to the insufficient of international law (the international community does not exist international convention specifically targeted at pirates; the existing international treaty have such problems as lack of clarity and coordination on), there have not special tribune to trial captured pirates (international criminal court have no jurisdiction of piracy, etc. These problems resulting in difficulties of international cooperation mechanism of punishing pirates. Therefore, the study on how to perfect the legal mechanism of international cooperation on punishing piracy is becoming more important in the context of current international environment.Corresponding with the foregoing difficulties, we can set about from three aspects to perfect it, namely the legislative, judicial and punishment mechanism of international cooperation, specifically including constructing a dedicated international convention to punish pirate; establishing special court to trial captured pirates and expand scope of jurisdiction of the international criminal court, the crime of piracy should be classified as international crime that must been punished. United Nations Security Council should be the leader in the process of international cooperation on punishing piracy, etc.
Keywords/Search Tags:Pirate, Punish, International Cooperation, the UN security council
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