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On Reconstruction of International Legal System for Combating Piracy

Author: WangBingYing
Tutor: ZhouXiaoHong
School: Jilin University
Course: Legal
Keywords: Piracy United Nations Convention on the Law of the Sea Universal jurisdiction
CLC: D997.9
Type: Master's thesis
Year: 2011
Downloads: 100
Quote: 2
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Abstract


In recent years, the crime of piracy is rampant, serious harm to the commercial maritime routes and on the Safety of the international shipping industry in the development, the impact of the international economic order and maritime security order has increasingly become the world's hot issues of common concern. The international community to deal with this phenomenon have taken measures against them or make a reform program to end it, it is worth noting that, to date the international legal regime of the international community to punish the crime of piracy in the specific implementation process has attracted wide limitations of the dispute, the United Nations Convention on the Law of the Sea \actual needs. However, leading to the reasons for these limitations, organization, specialization, on the one hand can be attributed to the crime of piracy today armed characteristics, or the international community has not yet formed a complete response to the problem of piracy in international law system, which can not fundamentally Punishment of the threat of piracy forces and really to maintain the safety of international maritime transport. Universal jurisdiction mechanism from the analysis of the existing international legal regime for the crime of piracy, the constituent elements of the crime of piracy, the limitations of implementation and monitoring mechanisms, as well as existing Punish pirate international cooperation mechanisms, to modern-day pirates crime and order the needs of angles, focuses on the reconstruction of the need to punish the crime of piracy international legal regime, and modify the relevant provisions of the United Nations Convention on the Law of the Sea \discusses specific recommendations for reconstruction of to punish pirates international legal system, trying to propose a new solution for the punishment of the crime of piracy, can play a role in the near future punishment of the crime of piracy, the maintenance of international order. The paper is divided into four parts. The first chapter from the existing international legal regime defined Piracy Piracy universal jurisdiction mechanism, implementation and monitoring mechanisms, as well as existing Punish pirate international cooperation mechanisms limitations to start, and focuses on the limitations of the existing Punishment of the crime of piracy international legal system . First of all, pointed out the limitations of the relevant provisions of the United Nations Convention on the Law of the Sea \Piracy defined limitations and piracy crimes of universal jurisdiction mechanism limitations pointed out in the relevant provisions of the Convention is difficult to adapt to the practical needs of punishing the pirates. Secondly, this section focused on analyzing the the exposed drawbacks of existing Punishment of the crime of piracy international legal regime for the lack of the lack of implementation and monitoring mechanism as well as existing Punish pirate international cooperation mechanisms in the process of punishing the crime of piracy. Chapter II features combined with modern crime of piracy, focuses on the need for reconstruction Punishment of the crime of piracy, the international legal regime. From the level of demand on the order of reconstruction Punishment of the crime of piracy, the international legal regime for the importance of effective response to the crime of piracy. The third chapter focuses on the specific recommendations reconstruction Punishment of the crime of piracy, the international legal regime to look forward to effectively address the limitations of existing Punish pirate international legal regime. Leading advocates to modify the relevant provisions of the United Nations Convention on the Law of the Sea, the set of implementation and monitoring mechanisms, as well as advocacy by interested States or for major countries to participate in the regional means of international cooperation to punish the crime of piracy behavior. Chapter through a review of the main points of the full text, emphasizing the importance of commercial maritime routes safety and international shipping industry in the reconstruction Punishment of the crime of piracy, the international legal regime to maintain.

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CLC: > Political, legal > Legal > International law > International Criminal Law
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