Research On The Legal Issues Of Maintenance Of China's Maritime Rights And Interests

In 1982, the Third Law of the Sea Conference adopted the “United Nations Convention on the Law of the Sea”, and entered into force in 1994. “The United Nations Convention on the law of the sea” implementation of the entry into force marks the establishment of the new international order of the oceans, which brings opportunities to our country, also brings a challenge. “The United Nations Convention on the Law of the Sea” is not only the traditional basic marine legal system was refined and improved, but also the traditional basic maritime legal system adds a new legal system. However, due to the “United Nations Convention on the Law of the Sea” is the world's political compromise, and therefore, it also has many ambiguities, which also caused the sea disputes left hidden.In this paper, in addition to the introduction and afterword, the total of the following four parts:The first part: Overview of marine rights and interests. Firstly, the definition of marine rights and interests are outlined, the contrast and analysis of the data by searching and literature found on the marine rights and interests definition, found these definitions existing problems and defects; secondly, through the analysis of any rights to the ocean are discussed, should the interpretation of “the United Nations Convention on the law of the sea” itself based on the marine rights and interests, further made the international law interpretation in accord with legal principle; finally, this paper expounds the important significance of China's maintenance of maritime rights.The second part: The status quo of China's maritime rights and interests and challenges. This part of the present situation of China's maritime rights and interests and challenges summarized as three aspects: the border disputes, islands sovereignty dispute, fisheries, Marine resources, including oil and gas dispute, the Marine environment pollution is becoming more and more prominent. On this basis, analyses the four aspects.The third part: China's maritime rights and interests maintenance measures. The first part will safeguard measures at present mainly in China are summarized, and then, makes an analysis on the result of relevant laws to “put aside disputes, common development” and safeguard marine rights and interests and the problem of existence of their respective.The fourth part: The legal suggestions on China's maritime rights and interests maintenance. This part is analyzed from two aspects of international law and domestic law. First of all, this part will be the international law aspects of the refinement, respectively from the reference to the “United Nations Convention on the law of the sea” to actively promote the resolve delimitation disputes, try to use the international arbitration and participate in the formulation of rules of international law of the sea in three directions are analyzed and recommendations are given; secondly, This part on improving the domestic marine legal system is also analyzed in detail, in order to explore the formulation of China's “ocean law”, improve the marine sector ownership legislation and perfect the comprehensive marine management system in three aspects.