مشکلة السطو المسلح فی المیاه الدولیة والقانون الدولی العام | ||
Kirkuk University Journal: Humanity Studies | ||
Article 24, Volume 7, Issue 1, April 2012, Pages 453-484 | ||
Abstract | ||
" Abstract " The freebooting in international waters is crime commit it individuals on ship in high seas or crew it or stirrup it or tonnage it, for purpose either obtaining finance ransom or for purposes political, and for negativity effects for growing these crimes on maritime international commerce and peace of naval international transportation and stability of international economy especially economy of Arabic gulf petroleum states and from it our country Iraq, I decided subject choice (Problem of armed freebooting in international waters and the public International law) for be address for our research and axis our study, and the damage on Iraqi economy may appear at exports especially petroleum which be export by Arabic gulf seaports then to red sea as main watercourse for petroleum transport to swees canal then to international markets, statistics for boundaries guards in Saudi Arabia referred to happening more than ( 20) maritime freebooting incident at Arabic gulf waters since year ( 1422), There is no doubt as this state make abstention some of states to shopping gulf petroleum either fear for means of transport it of freebooting by this waterway or cost of freight and insurance in addition to original price, even Iraq imports may be damaged because of accompanying freebooting activities to increase at prices and cost for importer goods and raw materials for Iraqi factories especially as these adverbs which our country pressing need for it for building fundamental cornerstone by rehabilitation it and maintenance it, studying me for this subject was in accordance with manner ,analytical ,historical, of research plan divided to two topics , the first single out for showing essence of freebooting in international waters and clarification point of view of Islamic sharia of it, the second topic devoted for search in treatment methods for the freebooting in international waters in the public International law according to international lawful rules which were mentioned in international treaties and patriotism laws as penalties law of the Iraqi to number 111 for year 1969 and issued judgments from states courts and decisions and recommendations for international organizations which issued for treatment of freebooting phenomenon ,with reference to legal adaptation for maritime freebooting according to meaning of provisions of basic system of international criminal court, for come after that conclusion of search then deduces from contents for subjects for come after that conclusion of search then deduces from contents of subjects it and I shall mention some commandments and suggestions which I see it necessary for struggle and limitation of maritime freebooting activities growth whether in international waters or territorial waters. | ||
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