The legal issues involved in the fight against Somali pirates Analysis

        Abstract: In the increasingly rampant piracy makes the issue of the Somali pirates become the focus of international politics. The UN Security Council has adopted numerous resolutions on this issue, the international community, including the United States, Russia, NATO, the European Union, India, and China has sent warships to Somalia to combat piracy in waters near the implementation of the task. For the international Law in the fight against piracy on the issue of which provisions, national escort action is legitimate, is related to the ability to lay a portfolio of key issues. Therefore, based on international Law, through the theory with practice, Taiwan and France to confirm the nature of combat operations for the realization of the framework at the United Nations system, under the coordination and cooperation to promote the harmonious development of ocean to lay theoretical basis.
        Keywords:: Somali pirates; the United Nations Security Council; international Law; Harmony Ocean
        CLC number: DF935
        Document: A
        Article ID :1002-3933 (2009) 09-0061-03
          
        Recently, the financial crisis sweeping the world, on the busy world leaders to take measures to deal with the economic downturn, while Africa and Somalia's piracy problem has become a focus of attention of the international community. The increasingly rampant piracy has become a major international public hazard for international shipping, maritime trade and pose a serious threat to maritime security.
        China is also one of the victims of piracy in Somalia. Last year alone, there are six Chinese nationals or Chinese leased the vessel hijacked by pirates in Somali waters. There are still a ship, 17 Chinese citizens have not been released. The Chinese government and the general public are extremely concerned about. The UN Security Council has adopted the fight against Somali pirates 1816,1838,1846 and 1851, which called for and authorized the waters around the world to the Gulf of Aden to combat piracy and to authorize the national agreement by the Somali government to enter Somalia's territorial waters. Based on this, the Chinese government on December 26, 2008 sent a naval fleet to go to the implementation of escort missions in Somalia waters. However, for sending troops to combat piracy matter, whether it is based on the political level, or based on the moral point of view, a lot of controversy. This Article analyzes international Law perspective, and strive for international action against Somali pirates clear and pave the way for sound legal basis.
          
        First, anti-piracy operations analysis of the legal nature of
          
        Since there is no one in the world is currently punishing the crime of piracy with the norms of international conventions, for 'piracy' is defined mainly based on: 1958 'on the high seas of the Convention' and the 1982 'United Nations Convention on Law of the Sea' and the relevant provisions. In accordance with these two conventions, 'piracy' means a private ship or a private aircraft, crew, crew members or passengers for private purposes, on the high seas or in any country outside the jurisdiction of another ship, aircraft, personnel or property are engaged in any illegal acts of violence and detention, or any predatory behavior; knowingly and voluntarily pArticipated in acts of piracy, abetting or knowingly facilitate the acts mentioned above, also considered acts of piracy. Accordance with customary rules of international law, acts of piracy are a threat to international peace and security, jeopardize the common interests of mankind 'international crime', are recognized by international law, the scope of the exercise of universal jurisdiction. In order to safeguard the safety of navigation on the high seas and on the high seas of the normal order of countries on the high seas for crimes against humanity took place the interests of international crime, can exercise universal jurisdiction on the high seas. Therefore, the above two conventions also asked: 'the greatest extent possible of all countries to cooperate to stop the high seas outside the jurisdiction of any State or any other place of piracy. In other words, under the Convention, States have the obligation to cooperate to prevent piracy. '
        However, the state of the concrete exercise of universal jurisdiction is to order the offender has been in the country or the offender is not in other countries within the area of the condition. Otherwise, the blind advocates of universal jurisdiction, may result in the jurisdiction of other States, not only affect the exercise of the right, but also lead to violations of the sovereignty of the suspect. The same, when, in 1982 the 'United Nations Convention on Law of the Sea' in areas such as' took place in a country within the territorial waters of the looting of whether the activities are acts of piracy ',' pirates fled after committing the crime on the high seas of the country's territorial waters, and the country temporarily No legitimate government of the existence or the case of the collapse of the legitimate government, can enter its territorial waters to catch pirates' issues such as into a blind spot, resulting in Somali pirates who skirted the law, on the high seas job done 'live' after the territorial waters of Somalia aboard run, and then wait for a ransom in that. Fortunately, Somalia Transitional Federal Government was created in 2004, and later played back home, to restore its sovereignty, so that the UN Security Council in order to invoke the 'UN ChArter' Chapter VII of the adoption of resolution authorizing foreign warships in Somalia under the government's consent to enter their wipe the territorial sea pirates. This resolution, but also for countries in the fight against piracy within the territorial waters of Somalia provided the legal basis.
        Indeed, territorial sovereignty is an important component of national sovereignty. In international relations, States have to respect the territory of another country's sovereignty and territorial integrity of the obligations, and no countries are not allowed under any pretext and any form of violation of his country's territory. Any violation of his country's territory, are violations of international law, in principle, should bear international responsibility. Into Somalia's territorial waters to combat piracy is to enter the country within the territory, then, constitutes a violation of national sovereignty of Somalia? Whether the internationally wrongful act by the State to shoulder the responsibility? In this regard, international law on State responsibility, the provisions of exemption The answer to this question. According to United Nations 'draft Articles on State responsibility', so long as to be 'the other country on the acts of valid consent', and the consent of the other country within the framework of the implementation of some of the original wrongful act under international law, it will not create international law of State responsibility. Therefore, since the Somali Transitional Federal Government request to provide emergency assistance to the UN Security Council, agreed and also welcomed the international community to assist it to combat Somali pirates. Other United Nations Member States to send armed forces to enter Somalia's territorial waters, therefore natural that no longer constitute a wrongful act under international law.Then . Chinese warships in obtaining the consent of the Government of Somalia, decided to send naval fleet in the waters of Somalia and the Gulf of Aden to escort to take action, which is fully consistent with international law.
        Can be seen that the actions on the international fight against Somali pirates in terms of its legal nature, one within the UN framework through international cooperation, common interests of mankind against international crime