| This thesis tried to expound the theory and practice about pirate and piracy in the international law, to carry out the history and current situation of the piracy, to sum up the characteristics of the modern pirate, to analyzes the cases and legislations about piracy in detail, especially the clauses relating to the piracy in 1982 "United Nation Convention on the Law of the Sea". Then, the thesis analyze mechanism and ways resolving the Piracy Problem in various patterns and submits suggestions for how modern world should face the piracy problem specifically.This thesis consists three parts, which are Introduction, Text and Conclusion. The text is divided into four chapters.Chapter One gives us a brief introduction of the history of piracy. This chapter describes piracy in ancient Greece and Roman period, in Middle Ages (6th Century to 15th Century), in recent ages (16th Century to 19th Century) and in modern ages. Piracy joins committing a crime or illegal activities not having been dropping a hint under modern international law as in ancient Greece and ancient Rome periods, which is only one kind of politics behavior. Even in the Middle Ages, Piracy didn't compose an illegal act, the common people still did not make clear of the definition of pirate. Pirate's golden age was the 17 to the mid-18th century, which was also exactly the period in which the law had started to restrict piracy. In the modern times, country authority had defeated the pirate who is all the rage at that moment. The Untied Kingdom advocated that piracy is an illegal act and took legislation action to piracy firstly. In the middle to later time of 20th centuries, the international law scholars accepted that piracy was the exception to endanger the freedom of the high seas, was a crime to destroy international order and high seas' safety, and was to be "a common enemy of the human being" and an international crime, the piracy should be put in under "universal jurisdiction", every country can arrest it, try it and impose punishment on it. International law scholars did not has the common view to the piracy's definition, nevertheless, in the field of the international law document, before the ends of 20th centuries, also in international community there were a series of the treaties punishing piracy, especially a series of provisions of principle to piracy in 1982"The United Nations Convention on the Law of the Sea". All these articles could be gone by of every country when they were arresting a pirate on high seas. And the difficulties the international community is facing when dealing with the piracy in mentioned in this chapter. The introduction tents to give a clear development venation of piracy, which will bring the readers a largo vision on the topic.Chapter Two is about the development process of the international laws and regulations on piracy. In respect of customary law, this chapter mainly introduced the process of establishing the disposal principles to piracy in international customary law, which is the principle of universal jurisdiction. In statute law aspects, this chapter mainly listed the provisions about piracy in Montevideo Convention 1889, Washington Declaration 1922, Nyon Agreement 1937, Report of the Sub-Committee of the League of Nations Committee of Experts for the Progressive Codification of International Law 1926, Harvard Research in International Law, Draft Convention on Piracy with Comments 1932, the 1958 Geneva Convention on the High Seas, United Nation Convention on the Law of the Sea 1982, Convention For The Suppression of Unlawful Acts Against The Safety of Maritime Navigation 1988. This part shows us a clear development vein of international customary law and written law on piracy.In Chapter Three, the writer makes some comments on modern international laws and regulations on piracy. This chapter mainly makes analysis of the definition of piracy and the principle of universal jurisdiction prescribed in United Nation Convention on the Law of the Sea 1982 and Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 1988. There is a defect in the definition prescribed in United Nation Convention on the Law of the Sea. Though the international community has made great effort in define piracy in Convention for The Suppression of Unlawful Acts against the Safety of Maritime Navigation, owing to lack of universality of signing countries, this convention is still not efficient enough to combat piracy. Though the two conventions both provided the principle of universal jurisdiction on piracy, due to the imperfection of the provision itself and the domestic law of some countries, the universal jurisdiction on piracy has not been properly implemented. The comments are mainly about the definition and jurisdictions of piracy. Then the writer makes a conclusion on the difficulties that modern laws and regulations on piracy are facing modern piracy.Chapter Four is about the suggestions for resolving the difficulties mentioned in Chapter Three. In the aspect of definition, the writer recommended that the international community to conclude a special convention on the punishment of piracy, in which piracy prescribed in the United Nation Convention on the Law of the Sea and "armed robbery against ships" named by International Maritime Bureau shall both be listed as objects for the international community to combat. For the implementation of jurisdiction, the writer recommended the establishment of a specialized regional pirate court, in which piracy shall be tried. |
PDF Full Text Request