Research On Legal Measures To Conduct Enemy Merchant Ships In Wartime

Merchant ships aim to the commercial activities by commercial goods and passengers transportation, with the characteristics of large load capacity, far sailing distance and low cost, etc., have a strong military potential, they could be effectively used on the ocean to provide supply, maintenance, antisubmarine or even air defense, the merchant ships are honored as Second Navy, it’s known the merchant ships have a remarkable influence to war. Therefore, adopting the relevant legal measures to enemy merchant ships seems to be the most important in weakening enemies but strengthening ourselves, especially now there are some neighboring countries have being offending us in ocean territorial issues, to adopt related legal measures to enemy merchant ships before the potential war breaking out becomes more and more necessary. However, in our country there are little academic research and exploration accumulation in related legal measures to enemy merchant ships. For the existed relevant laws without clear concrete measures. Only strengthen the relevant laws research and exploration to enemy merchant ships, perfecting the legal system in dealing with enemy merchant in wartime, can we setup a perfect high efficient system.This thesis is divided three major parts, introduction, body and conclusion. The body consist of three chapters totally six parts. The body collects lots of war treaties of the international society from mid-19th century to the late 1980s, eg.1956’Paris Declaration on Naval War’,’Convention Relative to the Opening of Hostilities’ (the Hague convention on 3), ’Convention Relative to the Status of Enemy Merchant Ships at the Outbreak of Hostilities’ (the Hague convention on 7),’Convention Relative to Certain Restrictions on the Exercise of the Capture Right in Maritime War’(the Hague convention on 11),’Convention Concerning the Rights and Duties of Neutral Powers in Maritime War’(the Hague convention on 13), ’Geneva Conventions’, etc international conventions, by combining the legislation and practice of Germany and Japan etc. countries and analyzing the classics wars, researching the legal measures for enemy merchant ships with the structure of 6 parts and 3 hierarchy logical tactic form.Chapter one as the foundation, introduces and states the thesis mentioned overview points, mainly including war and merchant ships, offers some specific connotation and extension details on war and merchant ships, as well as the cause and precondition when adopting the relevant legal measures to enemy merchant ships.Chapter two discusses the body, firstly overviews the international conventions and the relevant legal measures, then focus on the discussion of requisition which is the key points in this thesis, finally discuss the detain and other special problems, including four aspects, the legal measures overviews for enemy merchant ships, requisition of enemy merchant ships, detain of enemy merchant ships, and the legal measures to enemy merchant ships.Chapter three concludes this thesis, combining the thesis research and exploration, with our country existed related laws, elaborate the identified problems and offers some suggestion for reference.