| Non-traditional security threats such as piracy attacks and maritime terrorism have always been the top difficult problem that plagued the development of the shipping industry.In recent years,with the increasing frequency of maritime trade in various countries,in order to ensure the safety and interests of maritime navigation,the use of private security armed escort has become a common measure taken by the international community to prevent and control pirates.Although the International Maritime Organization and relevant shipping organizations have expressed their default permission for this approach,there are currently no international laws and regulations specifically regulating private armed security escort.The use of private armed security by merchant ships may cause a series of legal issues,such as the legality of transportation and carrying of weapons,the rights and obligations of private armed security on ships,especially the use of force in the process of fighting against pirates.Taking the lack of clear regulations on the sea risks into account,conditions and limits of the use of force at sea may not be conducive to maintaining the safety of maritime navigation,and may even lead to escalation of violent maritime violence.Therefore,it is necessary to strengthen the legal constraints on the protection of private armed security escort.This article mainly studies the legal issues caused by the use of force by private armed security,explores the legality of using force and what limits should be followed in using force,analyzes the existing rules governing the use of force by private armed security,and seeks international unity.The applicable PCASP rules for the use of force are a necessary part of the legal regulation of private armed security protection aviation.Finally,based on this research,we explore the countermeasures for the development of China ’s private armed security protection aviation.The content of the thesis is mainly divided into the following four parts:The first chapter introduces the origin and development of private maritime security companies.Private maritime security companies are emerging industries in which the private security industry has expanded from land to offshore.Further analyzes the background and reasons for the rise of maritime private security escorts.The rampant piracy has seriously affected the global maritime trade and transportation.Based on the joint efforts of the international community to combat piracy,the number of pirate attacks has decreased.Although practice has shown that private security armed escort is an effective measure to combat and prevent piracy,there is no clear legal requirement for the legal status of private armed security and the legality of private armed security.This chapter attempts to analyze its legal status from the perspective of international law,and points out the essential difference between private armed security and mercenaries.The second chapter mainly introduces the use of force by private armed security.The first part mainly discusses whether private armed security has the right to use force in the process of combating piracy.According to relevant international law,states and international organizations are the subjects using force,and private armed security is the private subject to provide security services in fulfilling contractual obligations.It does not belong to one of the above-mentioned subject areas.However,the prohibition of the use of force in international law is mainly for the relations of states.This chapter explores the circumstances under which private armed security is entitled to use force? The author believes that private armed security has the right to use force for self-defense or for the defense of others,and provides relevant reasons at the level of theoretical law,international human rights law and international customary law.When private armed security faces violent attacks by pirates and personal safety and life are seriously threatened,the use of force to defend themselves is a manifestation of their basic human rights.Since the behavior of private armed security is governed by the national law of the flag State,the "self-defense" theory is also provided for in the domestic laws of many countries,so it is believed that private armed security has the right to use force to defend itself.The second part is based on the legality of the use of force by private armed security,and discusses the limits of the use of force by private armed forces based on cases.After comparison,it is found that there are no small differences in the conditions and limits of the use of force in the flag State’s domestic law.Therefore,there is an urgent need to formulate rules for the use of force uniformly applied by the international community to better restrict private armed security.The third chapter compares and analyzes the existing rules on the use of force by private armed security.Although there is no legally binding international convention in international law,relevant international organizations and industry organizations have issued a series of guidance documents regulating the use of force by private armed security at sea.For example,the Interim Guidance to private maritime security companies providing contracted armed security personnel on board ships in the High Risk Area issued by the International Maritime Organization,and Guidance on Rules for the Use of Force by Privately Contracted Armed Security Personnel in Defence of a Merchant Vessel.Rules for the Use of Force(100 Series Rules))and the IAMSP Rules(IAMSP-2011-01-UOF-001 v2.0)issued by the International Association of Maritime Security Professionals,etc.The basic content and necessary provisions contained in the rules on the use of force serve as a reference for the formulation of laws regulating private armed security at sea in the future.The fourth chapter discusses the legal obstacles and development countermeasures in the development of China’s private armed security protection escort.Firstly,the development status of China’s private armed security protection aviation is introduced,and the escort practice obtained by the Chinese private marine security company represented by "Hua Xin Zhong An".Then point out the possible legal obstacles to the development of private armed security in China,such as the legality of maintaining,transporting,and using guns and weapons for private armed security,and the legal issues applicable to the use of force by private armed security.Regarding how the domestic legal environment and policy deficiencies should be resolved,the author gives suggestions from three aspects: first,to modify and formulate relevant legislation;second,to strengthen industry self-discipline;and third,to strictly enforce external supervision and management mechanisms to ensure China’s private armed security escort development is more transparent with legal support. |
