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Development and Application of Armed Conflict Law on the Sea

Author: WangWenLiang
Tutor: CuiFeng
School: Ocean University of China
Course: International Law
Keywords: Law of armed conflict at sea Armed conflict International humanitarian Legal battle
CLC: D995
Type: Master's thesis
Year: 2007
Downloads: 130
Quote: 0
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Abstract


The law of armed conflict at sea with the increasingly frequent armed conflict at sea and gradually formed a series of statutory law and international practice. Since the latter half of the twentieth century, in the form of armed conflict at sea, combat the main occurrence of a profound change in the law of armed conflict at sea in addition to some of the treaties signed after the end of World War II, after decades been no major development. Makes maritime armed sudden changes in the style of armed conflict at sea facing great difficulties and challenges. The country has acceded to the 1949 Geneva Conventions and the two Additional Protocols of the Geneva Conventions of 1977 and the 1982 International Convention on the Law of the Sea. This means the Navy must assume corresponding obligations under international law in the future of armed conflict at sea. To ensure the best victories, achieved in the framework of international law to ensure that the \The paper is divided into four parts of the development and application of the international law of armed conflict at sea: the first part discusses the concept, content, codification of the law of armed conflict at sea, Origin, Challenges and development. The concept of the law of armed conflict at sea includes the concept of the law of war at sea, just as the concept of armed conflict at sea includes the concept of war at sea. So the law of armed conflict at sea, both traditional content of the laws of war, including treaties applicable to armed conflicts at sea in the sea beyond the war, and practices applicable to war at sea. On the content of the law of armed conflict at sea, including the law of war \The second part discusses the basic rules of the law of armed conflict at sea. Including the start and end of the armed conflict at sea, the status of maritime zones of armed conflict, the limit of the means and methods of warfare, warships, merchant ships and aircraft, naval blockade, rummage and take the catch at sea neutrality, prisoners of war and victims of other content. After World War II, the international community for the attention of armed conflict, international humanitarian referred to an unprecedented height, appropriate means of armed conflict at sea and behavior has been more limited. The third part discusses the criminal behavior and punish armed conflict at sea. Crimes trials after World War II international court for war crimes, crimes against humanity, genocide, crimes such as violations of international jus cogens, the formation of a new practice of international law accountable under international law for the individual. The fourth part discusses the use of the law of armed conflict at sea. The meaning of the law of armed conflict at sea, including the use of the concept of legal warfare and naval might in the future use of the law of armed conflict at sea in armed conflict at sea. Pointed out that the use of the law of armed conflict at sea has important implications for winning future high-tech local war at sea. Research methods. The first is the comparative study method to study the situation at home and abroad for different period of development of the law of armed conflict at sea, the same period of development, comparative analysis, research, summed up the predicament faced by the development of the law of armed conflict at sea and its use; empirical research methods, combined with sea a typical case of the use of the law of armed conflict, the importance of the use of the law of armed conflict at sea. Value analysis method, take the objective, the general standard of value, analysis of the difficulties and challenges faced by the law of armed conflict at sea, and seek to solve the ways. Fourth, historical research methods, nearly two centuries, a large number of the rules of the law of treaties on the law of armed conflict at sea, a comb, a review, interpretation, analysis and summary, of course, legal analysis and interpretation methods. New features of the existing international treaties and practices based on the law of armed conflict at sea, the paper reviews the course of development of the law of armed conflict at sea; combination of the current armed conflict at sea, the new style, the predicament faced by the comprehensive analysis of the maritime law of armed conflict and ways to resolve the dilemma ; through the use of the law of armed conflict at sea, in order to provide for the future of our navy armed conflict at sea may draw on international law.

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