TITLE:
Analysis on the Application of Montreux Document to Private Maritime Security Companies from the Perspective of Interpretation Theory
AUTHORS:
Xianlong Ren
KEYWORDS:
Montreux Document, Private Maritime Security Company, Piracy, International Humanitarian Law
JOURNAL NAME:
Open Access Library Journal,
Vol.9 No.4,
April
25,
2022
ABSTRACT: The Montreux Document aims to regulate the use of PMSCs by States during armed conflict, with the aim of promoting respect for international humanitarian law and human rights law by PMSCs. Private maritime security companies that contract with shipping companies to engage in anti-piracy acts for merchant ships may operate in situations where they may shoot pirates indiscriminately or torture those who have been subdued. Whether the Montreux Document adjusts and applies to this, scholars have formed two contrasting views, starting from the fact that it applies only during armed conflict. This paper, based on the interpretive perspective, provides a systematic reading of the purpose, object, scope and content of the Montreux Document, and concludes that although not all provisions of the Montreux Document can be applied to private maritime security companies, the provisions of the Montreux Document on good practice can help and promote the business activities of private maritime security companies. The Montreux Document’s good practice provisions can help and facilitate the business activities of private maritime security companies.