A Comparative Review on the Concept of Piracy from a Commercial Perspective and the Standpoint of International Law
A Comparative Review on the Concept of Piracy from a Commercial Perspective and the Standpoint of International Law
이정원(부산대학교)
47권 1호, 107~152쪽
초록
Even if the international community has mobilized military and police forces to eliminate piratical activities in those areas, it will not likely diminish the number of piratical damages. Therefore, it is urgent to solve the legal problems arising in the marine insurance contract, charter party, as well as the contract of carriage. The international community has made an effort to deal with piracy on a global scale since the middle of the 20th century; in this end, they successfully made the ‘United Nations Convention on the Law of the Sea, 1982. (hereunder, UNCLOS). With the definition of the term ‘piracy’in the 1958 Geneva Convention on the High Seas and the UNCLOS, international society could cope with piracy by permitting universal jurisdiction for piratical activities to any state. Unfortunately, however, there is no definition of the term ‘piracy’in the marine insurance contract and charter-party, which can be used for the indemnification or damages to the cargoes and ships. Therefore, for commercial purposes, it is blur what kind of activities can be categorized as piracy, and whether the definition in the UNCLOS can be used for commercial activities. It cannot be said that what might be piracy in international law is necessarily piracy within the meaning of the term on a policy of insurance, because the two laws have their purposes and have developed independently. Even if this is the case, one should keep in mind that making clear the term of piracy in the commercial contract is the first step to solving any legal dispute caused by piracy. UK statutes, including the Marine Insurance Act 1906 and English court rules, provide us with some useful information and guidance in dealing with piracy and unlawful acts in the ocean. In conclusion, the meaning of piracy, which is figured out from the commercial point of view, is wider than that of international law, and one has to look at what is the natural and clear meaning of the word ‘pirates’in a document used by businessmen for business purposes.
Abstract
Even if the international community has mobilized military and police forces to eliminate piratical activities in those areas, it will not likely diminish the number of piratical damages. Therefore, it is urgent to solve the legal problems arising in the marine insurance contract, charter party, as well as the contract of carriage. The international community has made an effort to deal with piracy on a global scale since the middle of the 20th century; in this end, they successfully made the ‘United Nations Convention on the Law of the Sea, 1982. (hereunder, UNCLOS). With the definition of the term ‘piracy’in the 1958 Geneva Convention on the High Seas and the UNCLOS, international society could cope with piracy by permitting universal jurisdiction for piratical activities to any state. Unfortunately, however, there is no definition of the term ‘piracy’in the marine insurance contract and charter-party, which can be used for the indemnification or damages to the cargoes and ships. Therefore, for commercial purposes, it is blur what kind of activities can be categorized as piracy, and whether the definition in the UNCLOS can be used for commercial activities. It cannot be said that what might be piracy in international law is necessarily piracy within the meaning of the term on a policy of insurance, because the two laws have their purposes and have developed independently. Even if this is the case, one should keep in mind that making clear the term of piracy in the commercial contract is the first step to solving any legal dispute caused by piracy. UK statutes, including the Marine Insurance Act 1906 and English court rules, provide us with some useful information and guidance in dealing with piracy and unlawful acts in the ocean. In conclusion, the meaning of piracy, which is figured out from the commercial point of view, is wider than that of international law, and one has to look at what is the natural and clear meaning of the word ‘pirates’in a document used by businessmen for business purposes.
- 발행기관:
- 한국해법학회
- 분류:
- 법학