해상 범죄(해적)행위에 대한 법적 쟁점과 논의 -미국의 판례분석을 중심으로- = Maritime piracy, law enforcement, and legal aspects

다국어 초록 (Multilingual Abstract)

Modern day piracy is mutating and evolving by integrating with other forms of criminal activities, terrorism, or regional warfare. In other words, traditional definitional boundary between piracy and other criminal and hostile activities is disappearing. Evolution of modern day piracy seems to seriously undermine safety of world’s critical sea lanes. This becomes severe threat to national security and economy. This paper examines legal aspects of piracy on high seas. It is important to pay attention this matter, due to its grave nature against nation-state system. This paper particularly focuses on two issues, which may provide guidelines to the U.S. government for anti-piracy law enforcement. They are (1) Can the U.S. government legally arrest pirates and bring them to within the U.S. jurisdiction for trial? and (2) Do captured pirates have Constitutional rights?