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Maritime Disputes Typed

Posted on:2012-02-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:Q WangFull Text:PDF
GTID:1116330335479936Subject:Ethnology
Abstract/Summary:PDF Full Text Request
The ocean is an important economic and social development space and resource base.Not only it is the forefront of national security and defense, but also the international political, economic, military and diplomatic affairs area.And it is in relation to the national interests. According to United Nations Convention on Law of the Sea requires that all parties must be prior to submission to the United Nations Commission on Limits of Continental Shelf delimitation of continental shelf on May 13,2009, otherwise, the relevant requirements will not be recognized. And nearly half of China's maritime territory disputed, hence,China's maritime security issues will affected more complex. With the intense competition to the international marine, land resources reduction and continuous increase in population, highlighted the strategic value of marine resources are more and more important. In order to long-term national interests of national survival and development, all country are all active in the development of marine strategies, put more resources to maintain their blue territory.This article trying to establish a scientific research methods-"type construction." First, we believe that the world's oceans have many legal dispute such as legal actions, motivation, causality, different legal forms of description and summary, etc., to fully include them into a few abstract legal concepts this is a kind of academic myths, so the traditional method of abstraction cannot catch, Moreover, ocean law dispute emerged endlessly, and with the development of the Times, no disposition to be completely on the specific studies carried out, not necessary, but also contrary to the nature of legal standardization.In order to better guide the theory and practice of law of the sea,really protect our Marine rights, this paper argues that we must integrated two problems, this is the paper tries to clarify the meaning of" type".Above all, the purpose of this study is to clarify several concepts of the United Nations convention on sovereignty, jurisdiction, marine rights and maritime rights and interests, in view of different types of disputes provide different paths to solve, in order to solve such as delimitation, islands sovereignty ownership of marine disputes provide a new perspective; At the same time, the paper detailed descriptions of the contents of the various types of disputes under the "United Nations Convention on Law of the Sea" as the main basis, combined with the practice of the Chinese Law of the Sea to predict the future development of ocean policy in China, a new direction for the development of marine law. Besides,The paper also hope to be able to cause more scholars and government pay attention to Marine rights disputes, to rethink our current ocean policies and invest more research to provide solutions to the policy. The paper in accordance with the above objectives, followed by elaborate exposition:Chapter I:IntroductionResearch purposes, research status, framework and research method.Chapter II:Overview of the type about maritime rights and interests under The United Nations Convention on Law of the SeaFocuses on analyzing the application research on type construction of law of the sea. The chapter make a type of marine study of sovereignty, jurisdiction, maritime rights and interests under the United Nations Convention on Law of the Sea. Also reviewed the history development of the law of the sea and the "United Nations Convention on Law of the Sea", in order to understandings of the rights on macro and complete concept.Chapter III:Sovereignty disputeThe chapter shows the evolution of sovereignty and the development of international law, and lists the internal waters, territorial sea, the island under the "United Nations Convention on Law of the Sea",in order to illustrate the sovereignty, stating that the drawback of the United Nations Convention on Law of the Sea", through the specific case of the South China Sea Islands and respond to the dispute.Chapter IV:Jurisdictional disputeThe chapter lists a total of contiguous zone, exclusive economic zone, continental shelf, etc., to illustrate the law of the sea in the jurisdiction, and discuss every area under the "United Nations Convention on Law of the Sea" of the provisions made for finishing, induction, analysis and comparison, access to the basic concepts of the waters and jurisdiction of the relevant provisions,so as to achieve clearance to discuss the various waters in the jurisdiction.Chapter V:Maritime righe and interests disputes-on perspective of ChinaThis chapter analysed on marine rights and interests of china, in particular, highlights the type and meaning of maritime interests; also pointed out problem that the current interest in the East China Sea, South China Sea and Yellow Sea marine interests in reality, futher on analysed dispute, in order to explore the peaceful settlement of disputes. Through the development path of China's Law of the Sea of sorting out, that type of study in the importance of settlement maritime disputes. Cite the case about "Impeccable" at the south China sea, the sino-japanese "chong-zhi-niao reef disputes, through the analysis of the preceding chapters theoretical achievements, to illustrate how to solve these Marine dispute under the United Nations convention for our country in the future.Chapter VI:ConclusionsFor the above section,the paper on the right types of "United Nations Convention on Law of the Sea, ask questions and advise the mechanism of dispute settlement.
Keywords/Search Tags:United Nations Convention on Law of the Sea, Maritime Disputes, Maritime Rights and Interests, Type
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