Font Size: a A A

Studies On The Interactive Relations Between The United Nations Convention On The Law Of The Sea And Contemporary International Relations

Posted on:2008-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LiFull Text:PDF
GTID:2166360242955745Subject:International Law
Abstract/Summary:PDF Full Text Request
Third United Nations Conference on the Law of the Sea was convened in 1973. It ended nine years later with the adoption in 1982 of a constitution for the seas - the United Nations Convention on the Law of the Sea. During those nine years, many sovereign States sat down in the course of the marathon negotiations that produced the Convention. With the passage of time, United Nations involvement with the law of the sea is expected to expand as awareness increases that not only ocean problems but also global problems as a whole are interrelated. The exclusive economic zone (EEZ) is one of the most revolutionary features of the Convention, and one which already has had a profound impact on the management and conservation of the resources of the oceans. The conflict and compromise were emerged in the Convention, which embodied in the course of the establishment of EEZ, including a multitude of claims, counterclaims and sovereignty disputes about the ocean. The author analyses the political progress of EEZ in order to understand the background of international relations, and to seek inspiration for China.As a comprehensive treaty for the oceans, the United Nations Convention on the Law of the Sea held dangers and promises, risks and hopes. By analyzing rising tensions between nations over conflicting claims to ocean space and resources, people catch better on law of the sea, and face the challenges including how to apply the new provisions in accordance with the letter and spirit of the Convention. Therefore, a study combined international law and law of the sea would be hoped to understand the rule of the sea and context of conflict profoundly, and be expected to expand as awareness increases that not only ocean problems but also global problems as a whole are interrelated. The author hopes this study could provide a different point of view for settle Chinese practical problems such as the delimitation of EEZ.The whole thesis consists of four parts.The first part introduces the history of law of the sea. Law of the sea was changed along with development of international relations in all ages. A comprehensive treaty for the oceans was produced in the United Nations Convention on the Law of the Sea. It is a great invent in the contemporary era, and it should take important influence on the international relations practice.The second part examines the political move of EEZ in details. EEZ was not a result in one or several conventions by accident; it was produced because of deep history background. In this part, the history progress was linked by the key events such as the Truman Proclamation, the speech of Pardo: a speech to the United Nations General Assembly. The writer analyses the history process of controversy and compromise surround EEZ, by which to help people find out different function of different countries for establishing EEZ system, and their attitude variety.The third part analyses the background, and political process of EEZ establishment, and content of EEZ system. The freedom of-the-seas doctrine - a principle put forth in the seventeenth century essentially limiting national rights and jurisdiction over the oceans to a narrow belt of sea surrounding a nation's coastline was challenged. There was an impetus to extend national claims over offshore resources by mid-century. Coastal nations succeeded in asserting sovereign rights over a 200-mile zone because of their negotiations, political manners. Economic growth, technology development and the world looking forward to a comprehensive treaty for the oceans are all significant factors. The law system holds conflict and compromise, but which bring difficult too, for example, how to harmonize national legislation with it and how to fulfill the obligations incumbent upon States under the Convention.The forth part introduces the influence of EEZ to contemporary international relations. The United Nations Convention on the Law of the Sea embodies both conflict of interest and balance among the countries. It also accounts for interdependence of the oceanic politics, and the beginning of the next international politics contends. After convention was put into effect, there were so many practical problems about delimitation, fishery, military affairs, and scientific research surrounding the ocean. The state should exert both law of the sea and politics wisdom to safeguard the state oceanic rights and interests in the new era.
Keywords/Search Tags:the United Nations Convention on the Law of the Sea, The Exclusive Economic Zone (EEZ), Law of the Sea, Oceanic Politics, International Relations
PDF Full Text Request
Related items