碩士 / 東海大學 / 法律學系 / 100 / A concern of nations has gradually transferred from land to ocean recently due to the development of international trade and the maritime resource. In opposite, some circumstances such as piracy disturb the maritime order and have threatened the benefits of the nations as well.
Piracy has existed in human history for centuries. However, it was not a crime in the first place, but a different lifestyle in the period of Greek and Roman. During the period of Great Navigation, the pirate even cooperated with nations. With the right from letter of Margue issued by the authorities, the pirate conducted legal robberies. Nevertheless, because of the increasing strength of nations and the unrestrained piracy, nations had shifted to prohibit and struck piracy, therefore piracy was nearly vanished. In 20th century, piracy has resumed in some undeveloped nations, and is more organized than ever, deeply threatening the international benefits. As a result, some nations even send troops for pirates tackling. Piracy is “Hostis humani generis”(enemy of mankind), before 20th century it was ruled by Customary international law, and after the establishment of the league of Nations, the league began to conduct the Draft Provision for the Suppression of Piracy, then Harvard University conducted the Research in International Law Draft Convention on Piracy as well. After that, the United Nations conducted The Geneva Convention on the High Sea. And most importantly, in 1982, United Nations conducted the United Nations Convention on the Law of the Sea. In order to tackle the modern pirates, in 1988 the treaty” The 1988 Rome Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation” has been signed to tackle the new type of pirates
Some nations such as the United States, Japan and Singapore has legislated the Offences of Piracy, and also refer to international law or treaty to modify their interior laws in regarding of reducing the dispute over jurisdiction.
And Taiwan legislated the Offences of Piracy at the year of 1928 , and the Ministry of Justice conducted Criminal Code revised Draft in 2003 and 2004 separately, and revised the code in 2006, however, most of the crucial disputes of the Offences of Piracy have not been revised. The most crucial defect is the constitutive element. It causes the insufficient protection of the legal interest and the dilemma between the offences of piracy and other offences. Even the Offences of Piracy is a severe crime, but lack of the Attempt and preparatory crime.
This article provides the advice that the revise of the Offences of Piracy may refer the main principle of international law or treaty such as ” in private end” and “against another ship or aircraft” as to keep coherently with international law.
| Identifer | oai:union.ndltd.org:TW/100THU00194016 |
| Date | January 2012 |
| Creators | Hung Cheng yun, 洪正雲 |
| Contributors | 高金桂 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 164 |
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