نوع مقاله : مقاله علمی ترویجی
نویسنده
کارشناسی ارشد حقوق جزا و جرم شناسی دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Piracy is one of the main threats that endanger the freedom of navigation, and International Lawhas providedpropermeansto face it, likeUniversal jurisdiction.Itallows states to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused or victim's nationality.This right is confirmed by the Geneva Convention on the High Seas (1958), as well as the Law of the Sea Convention (1982).However,these treaties are deficientwhile prosecuting piracy attacks being launchedoff the shores like Somalia, nowadays;for these modern attacks does not meet the classic definitions of piracypresented by these treaties.Thus,lack of convenient means for prosecuting and taking proper legal action against pirates is a majorchallenge lied before the world. What makes the situation worse is that some states have not criminalized piracy in their domesticlaw, or some of them have not approved the Geneva Convention on the High Seas (1958) or the Law of the Sea Convention (1982). This paper besidesexamining the nature and concept of this crime, explores the problems like legal gaps in treaties,jurisdiction over this crime, and legal status and authority in domestic law.
کلیدواژهها [English]
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