碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 102 / Abstract
In recent years, Taiwanese vessels in the South China Sea incessantly suffered from the armed attacks of pirates. The news is also not unusual of commercial and merchant ships sailing in international waters off Somalia coming under attack from pirates, with subsequent hostage-taking for ransom demands. According to the International Maritime Organization’s statistics for the whole of 2011, there were 544 incidents of vessels suffering pirate attacks. The 90th session of the Organization’s Maritime Safety Committee (MSC90), held on May 16-25, 2012, took issues relating to offshore armed security companies and personnel as the central focus of discussions during the meeting.
In fact, internationally, piracy is one of the oldest of crimes; it can be traced back to at least 2000 BC. Although there is not a great deal of difference between the definition of piracy under the current international law and that of the 1958 Convention of the High Seas, the actual criminal methods and modus operandi of today’s pirates are a far cry from those the past, and it is already unable to meet the practical needs of the international community in addressing today’s piracy prevention problem. Although the later 1988 Rome Convention covered acts of armed robbery at sea, there has been no let up in the endless stream of incidents of piracy. Evidently, in addition to redefining piracy, there is also a need for better mutual assistance within the international community in the practical implementation of measures to combat piracy.
Also, in the Guang Da Xing No. 28 incident, which occurred on May 9, 2012, a Taiwanese fishing vessel was fired on by an official boat of the Philippines in overlapping economic waters, with the resultant loss of life of the ship’s captain, Hong Shi-cheng. This event led to the ROC’s swift passage of amendments and additions to Article 27, Clause 1, of the Shipping Act and Article 39, Clause 1, of the Fisheries Act, to cover the hiring of armed security overseas. However, with regards to the carrying of weapons, as the adopted system violates the ROC’s permission system for guns, ammunition, as well as explosives and bladed weapons, this could possibly result in a massive loophole in management. Firearms carried on board for emergency use re-enter national borders along with the vessel may pose a risk of circulating domestically; maritime armed security personnel trained in the use of firearms in self-defence lack a clear understanding of the procedural norms and circumstances for the use of firearms here. This thesis examines the provisions of international organizations and the merits of relevant foreign legal systems, and recommends reference to Japanese vessels’ special measures law for determining the maritime armed security law of the ROC.
Keywords: pirate, armed robbery, waters of high risk, maritime armed security, procedural norms for use of firearms
| Identifer | oai:union.ndltd.org:TW/102NTOU5273029 |
| Date | January 2014 |
| Creators | Chiang, Yu-hsiang, 張宇翔 |
| Contributors | Choh, Chen-Yo, 周成瑜 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 160 |
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