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Paper Information

Journal:   JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)   SPRING 2011 , Volume 13 , Number 32; Page(s) 367 To 402.
 
Paper: 

RECENT CHALLENGES OF PIRACY

 
 
Author(s):  MOSAVAI SEYYED FAZLOLLAH*, MOSAVI SEYYED MEHDI, JADIDI ENSIE
 
* FACULTY OF LAW FROM TEHRAN UNIVERSITY
 
Abstract: 

In the sphere of the seas, piracy is the most important crime which is under universal jurisdiction. The doctrine of universal jurisdiction authorizes all states to prosecute specific kinds of criminals who commit international crimes, even if the criminal or victim has no connection whit prosecuting state. Before increase of piracy challenges in recent years, the viability of application of this rule on piracy seems apparently useless. But now, it is time to prosecution of piracy criminals like other criminals who are involved in universal jurisdiction. However, states are faced some problem to use this legal authority. These problems include some international norms, especially human rights norm which increase from the time of adoption of provision relating to piracy. On the other hand, nowadays, piracy occurs in the way different from what was that in past. This problem cause current international instruments for fighting piracy cannot respond to recent needs. Thus for fighting this crime, states leave the solutions of international instruments and fight piracy in a different way. In this paper, in addition to examination of nature and concept of crime of piracy, we address the new challenges of this crime and modern way to fight it.

 
Keyword(s): PIRACY, LAW OF THE SEA CONVENTION 1982, INTERNATIONAL LAW, UNIVERSAL JURISDICTION
 
References: 
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