Research On The International Law Issues Of The Maritime Search And Rescue

Based on the relevant international law theory of maritime search and rescue activities,this paper uses the basic theories of jurisprudence to support the arguments in the article.By using the method of empirical analysis and deductive reasoning,this paper is going to explain the international legal issues related to the maritime search and rescue systematically,comprehensively and deeply.The purposes for this research are to establish a scientific and reasonable international legal system for maritime search and rescue,which could enhance the maritime search and rescue cooperation between countries,and to promote the national maritime search and rescue forces,and to strengthen the formation of legal norms of search and rescue.This paper could be divided into eight parts with the introduction in the first part and the seven chapters thereby:The Introduction is to illustrate the background of this topic and clarify the theoretical or practical significance of this topic.Also,it summarizes the relevant research results in the world and grasps the theoretical foundation of the international law related to maritime search and rescue activities,which includes the subject,the region,the object and the legislation issues.The purpose for that is to understand and grasp the development of the international law issues related to the maritime search and rescue and paves the way for the future theretical study and analysis.Meanwhile,the introduction is to make clear of the way and the method to do the research before introducing the next step.Chapter 1:Overview of the basic legal issues of maritime search and rescue activities.This part is a preliminary study on the basic theory of maritime search and rescue activities:First,it proposes the necessary definition of maritime search and rescue by giving the definitions of the relevant concepts and compares the approximate concept for giving the author's own definition.Secondly,it analyzes the international legal nature of maritime search and rescue activities by focusing on the study of the international legal attributes in different sea areas when doing the search and rescue.Finally,the paper defines the scope of maritime search and rescue from different dimensions and clarified the specific areas of activity that should be carried out at the time of the search and rescue of the State at sea.Chapter 2:The theoretical basis for the study of international Law in Maritime Search and Rescue.This part includes the theory of single-subject theory,ocean function approach theory,human rights tilt theory and generalized harmless passage theory.Among them,the single-subject theory is the prerequisite and foundation of the main body of the international law.The ocean function approach theory is related to the delineation of the maritime search and rescue area and also related to the theoretical preparation of the international law in the search and rescue area.Also,human rights tilt theory and generalized harmless passage theory are all related to the law making in the scope of the maritime search and rescue.Chapter 3:Regionalism----International Law Issues in Area of Responsibility for Maritime Search and Rescue Activities.Based on the clarification of the dimension of the maritime search and rescue area,this part analyzes the prerequisite of the implementation of the responsibility area in the maritime search and rescue activities,and then studies the two sets of relevance problems that must be clarified before the formation of the search and rescue responsibility area.Moreover,it Clarifies the form and particularity clarifies each form after the delineation of the responsibility area,and finally analyzes the relevant practical problems brought about by it before putting forward some improvement for it.Chapter 4:Subject--The state and its legal issues in maritime search and rescue activities.This section examines the national subject matter in maritime search and rescue activities,and analyzes the possible national cooperation and state responsibility by identifying the relevant subjects named "Contracting States","Humanitarian Rescue Countries" and "Dual Identity States".Meanwhile,this chapter is going to analyze the legal issues related to the national cooperation,the composition and other related international law issues in order to lay a solid basis for studying the legal problem of the region and the object of the maritime search and rescue.Chapter 5:Behaviorism--The international issues on the innocent passage of the Maritime Search and Rescue ships.This part uses the legal nature of Maritime Search and Rescue ships as the starting point.On one hand,it argues the reasonableness for the ships to enjoy the innocent passage right within the region and then analyzes the specialty of this kind of right compared with the general other commercial ships.On the other hand,this paper proposes some advices to face with the problems that originally from the limitation based on the use of innocent passage within these ships.The purpose for this is making clear of the problem that exists from the conflict between the safety of the territorial sea and the safety of the danger people and then trying to solve the plight of these ships when they are trying to cross the territorial waters of the other countries.Chapter 6:Responsibility----The international law issues of the state responsibility in marine search and rescue.This part divides the states into two parts:the member states within the marine search and rescue region and the humanitarian rescue states.When analyzing the structures and styles of the states responsibity,this part proposes that we need to make sure of the legal issues related to the liability waiver and then distinguish the responsibilities between different states in order to banlance the responsibility reasonably.Chapter 7:Analysis on the problem of the legislation in marine search and rescue with the proposal.After solving the relevant international law issues of maritime search and rescue activities,we need to consider the the problem of the legislation in marine search and rescue.When faced with the issues,China not only needs to promote the establishment of a stable cooperation with neighboring countries,but also to reflect on their own domestic legislation(especially foreign maritime search and rescue legislation)mode selection and system construction.