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On the foreign warships in the territorial waters of sound through the right

Author: MaZuo
Tutor: ZhouZhongHai
School: China University of Political Science
Course: Military Law
Keywords: Territorial sea Freedom of the Seas Innocent passage Warship Convention on the Law of the Sea
CLC: D995
Type: Master's thesis
Year: 2009
Downloads: 415
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Abstract

The right of innocent passage is an international right, along with the establishment of the territorial waters of the system and the development of the principle of freedom of the seas, it is a product of the balance of the coastal State territorial waters and high seas freedom of navigation. The end of the 19th century, the customary rules of innocent passage has been established, then the provisions of the 1958 Convention on the territorial sea and contiguous zone \Innocent passage through the first accurate statement of the foreign merchant ships in the territorial sea to enjoy the right of innocent passage, by generating it from harmless so far there is no objection. However, the warships are you also enjoy this right has been a controversial issue. The Convention does not expressly require warships enjoy the right of innocent passage, as well as warships to the territorial waters of the practices adopted by States in practice vary, so the theoretical circles on innocent passage applies to the main scope of the definition of uncompromising. This paper uses the method of treaty interpretation, clearly the territorial sea the innocent passage of the extension of the \harm through the right \The interpretation of treaties is an important part to fulfill the treaty rights and obligations, \Therefore, the correct understanding of the provisions adopted by the Convention on the warship's territorial waters, our warships in the territorial waters of other countries, and foreign warships in our territorial waters of innocent passage through the implementation of the right to have a very important significance. The article is divided into five chapters to demonstrate the sound of \The first chapter discusses the theoretical basis sound innocent passage through the contents, as well as innocent passage through the impact of the coastal State's sovereignty. Chapter II, identify warships territorial waters by the contention, clearly discussed below. Position changes of the Soviet period, expressed in the International Law of the Sea documents and meetings of the twists and turns, all indicate that the territorial waters of the international community warships problem is that there are significant differences. 1982 Convention on the Law of the Sea \The third objective of both the subjective school, the application of the Vienna Convention on the Law of Treaties \This chapter is a demonstration of the key chapters, divided into two. Section I first start from the provisions of the context with reference to the object and purpose to draw the usual meaning of \Convention on the Law of the Sea \Secondly, the Convention to prepare data for the above findings provide evidence. The second section is the effectiveness of a clear national statement. Law of the Sea Convention prohibits reservations, the State party \The fourth chapter is from a ship's territorial waters by the State practice, proven rules of customary law \By looking at the domestic law, which state clearly defined sound to warships through the discomfort, while many provisions of warships through the territorial waters the procedural rules, which indicates that the warships the right of innocent passage of the debate has quietly from the applicability of into the problem of how to apply. The fifth chapter analyzes the warships to innocent passage through the right of the provisions of the Convention States Parties and non-parties to the application problem. The treaty must abide by the behavior of the Parties to the recognized constraints of the Convention on the Law of the Sea on the ship the right of innocent passage. State Party may make specific provisions in the national implementation of the content by the domestic law, including the adoption of the requirements of prior approval or notice \For non-parties, the decision has not yet formed, and the global characteristics of the content of the Convention on the Law of the Sea, warships to innocent passage through international customary non-parties can not be of customary international law was the contents of a one-sided quoted. Finally, according to the relevant provisions of the Convention, proposed several aspects need to be improved in the domestic law of China, expected to facilitate the foreign warships to exercise innocent passage through the right at the same time, the implementation of the Convention rights, management rights, and better safeguard national territorial waters.

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