The analysis of the international communitys' combat with sea piracy (1993-2016)

Lacking in international law, sea piracy is a phenomenon that has been ongoing since the first moments when the seas have been used for transportation and commerce. Due to being the most economical way, a large majority of world trade is done by sea, and the ever-increasing demand continues to increase the maritime trade volume. However, as maritime transport becomes more important, an undesirable increase in maritime piracy activities in some transit regions of the world's geography such as the Gulf of Aden, the Somali and Malacca Straits continues to keep this concept current on the world agenda. It has sometimes been difficult to distinguish sea piracy from other violence movements in maritime areas, which has sometimes increased and sometimes diminished throughout history. There is no definite distinction between corsair / privateering and sea piracy, which have different concepts in terms of their qualifications and legal consequences. Both concepts have been used for a long time in the same sense. For this reason, it was tried to explain what the sea piracy and other terms and concepts related to the issue mean in terms of international law in order to clarify the difference between corsair / privateering and sea/maritime piracy, to determine the aspects of armed robbery and separation from terrorism. Any activity in the seas was legitimately welcomed in the days when it was a normal right to use force to resolve the problems and to resort to war. Along with the idea that the war should be done according to certain rules over time, new mechanisms have been tried to be established in accordance with the values given to the rule of law. The international community has worked hard to prevent wars, to build international peace and security. As a result of international conferences and negotiations aimed at this objective, international institutions and organizations have been established, measures have been taken to comply with the rules set by the states, and international law has been tried to be dominated by sanctions and judicial remedies for those who do not comply. However, depending on the multiplicity, prevalence and priority of the problems, it is obviously difficult to establish rules in each area, and it takes a lot of time to complete and finalize the work in order to prevent the emerging types of crime. The concept of sea piracy is also one of these areas. The international community continues to work to combat this area of activity, which threatens itself, in accordance with the law. Up to this day, international treaties, contracts, sea law conferences have been held; activities and decisions of the United Nations Security Council and the General Assembly, activities of the International Maritime Organization, international commissions, other institutions and organizations, academic work by universities, especially Harvard, and the use of military power, are still underway. The only action that States use jointly in the open seas is not sea piracy. The struggle with sea piracy has become a traditional and universal obligation with legal arrangements. In this thesis, currently available many international and local legal sources related to sea piracy have been investigated, statistical data have been used, the application and effectiveness have been examined, and all the existing rules have been evaluated and consequently, the necessary measures in terms of law have been tried to be determined. Keywords: International Law, Sea Piracy, UNSC, Somali, Malacca.