The Foundation Of The Naval External Communication From International Law

There are many circumstances around oceans and seas that would trigger conflicts between different countries:adjacent or opposite countries might have disputes about delimitation of seas under their jurisdiction, the third party might claim its right of military maneuver in littoral states’exclusive economic zone. However, this claim has been denied or rejected by these littoral states. In addition, there is nothing new about the international disputes which were initiated by the utility of the sea. Even if the modern international law and law of the sea could be considered as the basic standard and conduct criterion of international operations, this system is based on the foundation of "consensus". There is no authoritative law enforcement or arbitration agency with legal constrains which is beyond state party’s will, neither do "perfectly fair" would overpass concerned counties or political interest groups. For instance, the International Court of Justice can only give its judgments under the permission of states which have submitted their dispute to the court. Even if the world’s most influential-United Nations could merely have impacts of public opinion, lack of necessary means of compulsion. In maritime disputes, states tended to understand, cite, even misinterpret some rules and regulations from the international law of the sea, in order to serve their own benefits, which leads to a dilemma that no one knows which is right and which is wrong. In the face of this challenge, the law of the sea should improve its structure and specification, try to solve problems under the legal framework. Thus warship, together with its special legal status under international law due to its inherent advantages, is especially adapted for governments’diplomatic work, convenient for solving maritime disputes and safeguarding national interests, naval external communication, which is conducted by the warship, has achieved extraordinary results in foreign affairs. But it occurs to the author:What are the jurisprudential basics of naval external communication? What are the regulations or restrains of naval external communication’s utility in modern international law? How to improve our country’s naval external communication system and make it better served our national interests? These questions are to be researched in this dissertation.This paper consists of four sections:in the first section, the author borrows ideas from both western and domestic scholars’research findings in related areas and tries to give naval external communication a international-law-definition, then conclude the types of naval external communication combined with our nation’s navy diplomatic practice.The second section focus on the classification and arrangement of related treaties which are used to restrict the military use of naval external communication in peacetime, points out that the degree of military use in naval external communication should be handled well, otherwise it will be transferred from diplomacy to war affairs. Then the author combines warship’s special legal status with modern international law, introduces some articles from the United Nations Convention on Law of the Sea which are used to define rights and obligations of warships when they are performing diplomatic tasks.The third section explains the challenges under current international background that naval external communication confronted with, which includes unfinished delimitation of sea area leads to uncertainty of sovereignty adscription, divarication of convention’s explanation results in conflict of legal claims, and defect of convention’s content brings about the gap between law and practice.In the fourth part, the author proposes some possible advices in connection with the challenges mentioned above, which are formulating by-law detailed rules of naval military operation in peacetime, strengthening the utility of The United Nations Convention on Law of the Sea in regular training, and enhancing the politically mutual trust and security cooperation.