碩士 / 國立金門大學 / 海洋事務研究所 / 102 / Our ignorance and fear of the ocean existed from the very beginning before we gradually started to observe and understand it. After which, we maximized its use with its marine resources and shipping function, though it was a long and difficult process. Recently, pirates have become rampant in the Horn of Africa - Somalia. This happens from time to time, Somali pirates robbing the passing merchant ships or fishing boats in exchange for a huge ransom, and has become a major unresolved international security threat.
Somalia established their official government on the 10th of September 2012, ending the 21 years of civil war. To govern the Somali pirates, it should start from a big structural factor like the national society, and intervening to end the civil war, providing humanitarian assistance, improving the economy, fostering education and so on. Finally, an anti-piracy mechanism should be set up in Somalia to help the new government to step on track and display its authority to govern the Somali pirates, which may entail a long time but is a fundamental solution to improve the national economy and the people’s livelihood and completely solve the problem of pirates. In this paper, I suggest the new government carry out the pirates transformation project which will guarantee jobs for the pirates, and eventually empower them to be better people; Also it is a strategy with great geographical advantage, Somalia can transform into a world trade transshipment port, which can not only directly improve its local infrastructure and provide its people more job opportunities, but also gradually improve its international reputation. Regarding the robbing of boats committed by Somali pirates, it is suggested in this paper that we should strengthen and improve the anti-piracy and anti-hijacking trainings for our ships and boats, especially for the fishing boats, and list anti-piracy training as the prerequisite for fishing license issuance. Under the circumstances
that our Navy cannot provide protection for fishing boats, in addition to the conservative method of paying more attention to the latest news on pirates punished by the Piracy Reporting Center of the International Maritime Bureau and notifying the fishing boats to avoid, we should also seek for international assistance and sharing of prevention measures of pirates hijacking and related practices, in order to keep abreast with international standards on strategies.
According to the amendment of the criminal law drafted by the Ministry of Justice in 2004, the crime of piracy in Chapter 30 has been cancelled, and the original crime of piracy in Article 333 has been changed to aggravated penalty of crime of robbery, making “ships in the ocean” or “aircraft in use” the only differentiating factor for a crime of piracy from the normal crime of robbery, which is different in the sense that the “target object should be people or object of another boat” in the Convention on the Law of the Sea of the United Nations. It is suggested in the article that the differences between pirates and a normal crime of robbery should be taken into
consideration, and for the object of crime which is “to the people or objects in another ship” to be clearly listed for clear application.
| Identifer | oai:union.ndltd.org:TW/102KMIT0274002 |
| Date | January 2014 |
| Creators | Liu, Kang-Wei, 劉剛瑋 |
| Contributors | Lee, Jui-Sheng, 李瑞生 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 185 |
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