مسئولیت دولت ها در قبال تروریسم و دزدی دریایی؛تحولات جدید حقوق بین الملل و حاکمیت سرزمینی

During many centuries, the issue of piracy has been discussed in many ways. Entering the age of globalization and the presence of huge sea fleets, we have continued to witness the role of pirates as disruptors of international order. Regarding dealing with this issue during the 20th century, several laws in the form of international conventions have been approved by countries and international organizations. Since the mentioned issue is closely related to several issues such as marine cargo insurance and the actions of pirates, especially in the case of Somalia and the shores of the Gulf of Aden, are tied to human security, the need to pay more attention to international communities. This is felt.In the upcoming research, an effort will be made to pay special attention to the latest developments in the mentioned subject by examining the various dimensions of the mentioned subject.
Introduction
 Trade in sea routes has always been of great importance. The issue of piracy has also been raised as one of the important problems at the same time as the expansion of maritime trade. In the beginning, the goal of pirates was simply to gain access to the financial resources and assets of merchant ships that were engaged in trade on the high seas. But with the passage of time, the goals and methods of piracy changed according to new developments, so that despite the increase in the safety capabilities of ships, piracy is still one of the important issues in the field of international law and security. The international community has also tried to use all the necessary tools to deal with the issue of piracy by applying common and international conventions and agreements. Seas and oceans have always been known as one of the most important communication routes between countries and governments. Countries with maritime power and facilities have created procedures that include the jurisdiction of the flag state over ships located in the high seas, rules related to the jurisdiction to combat piracy and slave trade, the status of warships, unauthorized entry and passage into territorial waters, and shipping rules. It is in international straits. These procedures have been formed due to practical needs over time and have been proposed as the basic foundations of the law of the seas until modern times.
Theoretical Framework
  Piracy includes all unlawful acts of violence, detention or expropriation for personal gain by the crew or passengers of private vessels (or aircraft) against other ships or aircraft, or persons and property on the high seas. From the point of view of the Law of the Sea Conventions, if a ship or aircraft is used for the aforementioned purposes by the persons who are in control of it, as long as the ship or aircraft is in the possession of those persons, they are considered pirates or hijackers. There are many definitions of piracy. For example, in the definition provided by the International Maritime Organization (IMO), piracy is defined as: "the act of boarding any vessel with the intention of committing theft or any other crime, and with the intention or possibility of Taking force to advance this action.
Methodology
The research method in this article is the explanatory method, according to the explanatory method, the impact of international legal regimes on piracy has been analyzed in this article.
Result and discussion
Today, one of the most important challenges of the international community is the development of criminal piracy activities on the coast of Somalia and the Gulf of Aden; It is an important transportation highway that is a major factor in facilitating international shipping and trade from the east of the world to the west. It is worth mentioning that despite many efforts, regional and international arrangements have not brought much success in ensuring the safety of shipping in international waters. Among the main challenges to ensure the safety and security of the commercial fleet against piracy in this region, the lack of integrated international and regional political will to strengthen regional institutions and mechanisms to support the suppression of this phenomenon in the Horn of Africa, insufficient existing capacities, lack of programs effective and coherent to fight against pirates, he pointed out the lack of single legal frameworks, border and ethnic disputes, and high sensitivities towards national sovereignty.
Conclusions & Suggestions
In relation to legal-political and judicial challenges; The lack of appropriate judicial powers in some countries and the reluctance of some other countries to prosecute people suspected of piracy can be mentioned. The weakness of the existing legal process in the national laws of countries and international regulations causes impunity and impunity for the perpetrators of the crime of piracy; As observed in the practical procedure of the countries, after arresting the pirates, the naval forces have no choice but to release them and withdraw from the legal prosecution. Additionally, naval warships engaged off the coast of Somalia operate under multiple domestic and international jurisdictions, and there is no single directive that covers all anti-piracy missions. Even since the establishment of the international naval fleet in the Gulf of Aden, pirate attacks have become more reckless.The country of Somalia is considered a perfect example of an incompetent state that suffers from a collapsed economy, disordered social order, shaky living conditions, and humanitarian and human rights crises. Factors such as drought, the gradual reduction of natural resources, unemployment, the occurrence of civil wars, the spread of insecurity in tribal clashes, the inability of the Somali regime to improve the economic situation, the lack of capital for infrastructure facilities and the lack of skilled manpower have prevented any effective economic mobility. These factors, along with the increase in illegal fishing and the accumulation of toxic and dangerous waste on the coasts of this country, cause the Somali population to engage in criminal activities, especially piracy.