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Paper Information

Journal:   CRIMINAL LAW DOCTRINES   spring-summer 2018 , Volume - , Number 15 ; Page(s) 0 To 0.

The Challenges of the Contemporary International Law In an Effective Fight with Piracy

Author(s):  Shamloo Bagher, Sajjadi Seyyed Ahmad
piracy as threat to security of human and international maritime carriage of goods, is among the oldest transnational crimes which for long was considered one of the topics for international law and treaties. In recent years by increasing international tread and development of international carriage by sea new situations have emerged that attracts the attentions of Pirates and therefore caused problems for international community and legal regimes. For instance, most of the incidents happen in Somalia's waters does not come within the definition presented by Art. 101 of UNCLOS 1982. According international rules only the state whose territorial waters has been used for piracy can pursue the pirates while many states including Somalia, as a failed state are unable to effectively conduct the pursue. Therefore, international trade is adversely affected by incapability of sovereignty. To counter the problem and finding a feasible solution, several international treaties have been concluded by states but there is a log run to a proper international legal regime. Present paper in addition to study the legal definition of piracy, examines the challenges and shortcomings of domestic regimes (First Chapter) and international legal order (Second Chapter) in suppressing piracy. And its purpose is to suggest a new solution for a more effective suppression of one of the oldest criminal phenomena in human society as a threat to international peace and security.
Keyword(s): Piracy,National sovereignty,International jurisdiction,Failed state,International Criminal Court,International law,Juridical jurisdiction
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