On The Protection Of The Marine Rights And Interests Of The China

The third United Nations Conference on the law of the sea, adopted on 16 November 1994 entered into force by the United Nations Convention on the law of the sea, is adjusted, the establishment of international marine fundamental legal basis. It is the coastal States, especially developing countries to protect national security and maritime rights provide a legal basis, also expanded its national sovereignty. In 1996, China ratified this Convention and on the basis of this Convention has developed a series of country marine law and establishes its own exclusive economic zone and the other maritime rights. However, China has long traditions of ideas as well as the lack of marine awareness, resulting in a growing interest in Chinese modern marine erosion of unfavorable situation. In globalization today, along with the continuous development of China, China's overseas interests are constantly extends, China maritime rights face huge challenges. The maritime rights of China including the rights of the offshore marine and high seas marine interests. Offshore marine interests not only a violation of China's neighboring countries, but also long been the domain of national foreign hegemony continues to provoke the United States. In the offshore marine interests maintenance, China, on the one hand, trapped in naval power of the weak; on the other hand ,are more affected by marine power in particular the United States of a deterrent. In this case, the China Sea maintenance can be a long way to go. China must be based on international law, stick to their own demands, and maritime rights should take practical and effective measures to maintain that this is legitimate, reasonable behavior; at the same time should be on the basis of national law, along with the relevant countries to properly resolve disputes to realize the goal of"harmonious sea". This is China's peaceful development of meaning, also is the great rejuvenation of useful ways.However, today of reality world in the international social although has common of international specification and common of run mechanism, in certain extent it also may reached consistent on some problem and implementation somehow of national between of harmonious get along; but more of reality situation is, because international specification as United Nations Sea Convention under in its developed process is Western powers and General backward weak national between of struggle and compromise of process to makes Sea Convention has a large of limitations; also because reality world between national States do exist with national interests of conflict, just relies on international law to maintenance in China of marine interest clearly is not reality , our county must has powerful of Navy backing, the marine interest of China can be capable of being protection.In addition to the introduction and conclusion of this article, divided into the following four parts:First part: contents and reality of China's marine rights and interests. This section first provides an overview of the history of our country long on the marine basic causes of the lack of awareness of rights, thus elaborated are based on international law of the sea in China interested in the offshore marine and coastal waters of China's marine rights situation and, secondly, the section provides an overview of the ocean sea rights and interests of our country based on international law of the sea, as well as the continued extension of our national interests overseas and current dilemma of safeguarding those interests.Part two: the United Nations Convention on the law of the sea and marine sovereignty of China. First of all, the section detailing the United Nations Convention on the formation, development process, from the brothers Hughes of ocean view into the 20th century, the developing countries to protect national security and expanded the right of the "200 nautical miles from the ocean, then to the" United Nations Convention on the law of the convening of the Conference, as well as the United Nations Convention on the final adoption and significance. Secondly, the part on the basis of the United Nations Convention on the law of the relevant provisions, in order to protect our country's maritime rights legal measures taken as well as the definition of the rights and interests of our ocean, our long ocean awareness of missing as a result of maritime rights dilemma.Third part: rights of China's offshore marine: current status and challenges. The first analysis of the country and neighboring countries such as Japan, Korea, Southeast Asia, the existence of maritime disputes and disputes historical origin; secondly, the analysis of China and the United States in China's coastal and marine conflict in conflict three typical cases.Fourth part: my interest in international law in the preservation of the marine. The first analysis of the China maritime disputes with neighboring countries, on the dispute in the area of sea power advocate of international law basis, thereby demonstrating the country's disputed waters have an indisputable sovereignty. Secondly, Sino conflicts at sea, on the United States violated the sovereignty of our seas the counter action is legal, decent, United States argument is untenable, a naked hegemonic practices.Fifth part: my Ocean Marine interests of the international law the legal basis. The first analyses the current situation of China's overseas interests, emphasizing our defenders of the interests of urgency. Secondly, through the United Nations Convention on the law of the relevant legal analysis, expounded China overseas the necessity and feasibility of safeguarding rights, as well as its major significance.