Study On The Payment Of Pirate Ransom

Since 2008 , as many ships and crews being hijacked by the pirates of Somali , the gulf of Somali has drew much attention from the international community . Although many measures have been taken by many states according to the resolutions of Security Council of United Nations , there are still ships and crews being kidnapped. Paying the ransom seems the only way to save the life of crews and get back the ships and cargos that have been kidnapped.According to laws of the main shipping states , it is legitimate to pay the ransom. The ransom can be divided into two parts , the one is the ransom for ship and cargos that have been carried by ships , the another is the ransom for saving the life of crews. It is common to consider the ransom for ship and cargo as a general average. However, the ransom was paid mainly for the common interest instead of common ganger, so it is not suitable to categorize it into the general average. In fact, it is more equitable to treat the payment of ransom as a salvage or sue and labour. The employer has the liability to pay the ransom , if it did not perform the duty of seaworthy during the whole voyage. According to the Convention of Repatriation of Seamen, it is also the duty of employer to pay the ransom in order to save the life of crews and ensure them go home safely, and the flag states or states of nationality of crews also have the duty to pay the ransom in some special circumstance. There is not clear legislation above the ransom problem in China, however , the Chinese government should try every way to save its crews in trap, including paying the ransom , if it is the last but effective way to save the life of the crews.