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A Research On The International Law Issues Of Maritime Military Activities In The Exclusive Economic Zone

Posted on:2017-08-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y D OuFull Text:PDF
GTID:2346330485997386Subject:International Law
Abstract/Summary:PDF Full Text Request
In recent years, the disputes of maritime military activities in the exclusive economic zone occur repeatedly, which cause the issue of all aspects of the research from the perspective of international law by domestic and foreign scholars. The controversy of the main problem is that how to avoid and solve these issues by the current international law system, and standardize the maritime military activities in exclusive economic zone. United Nations Convention on the Law of the Sea(the UNCLOS),the most comprehensive maritime code,has no express provision of parameters of maritime military activities in exclusive economic zone.But its provisions on the "due regard" clause and "peaceful purposes" clause, both specification provides a path to regulate these problems. This paper analyzes these two paths, combined with the UNCLOS and other rules of international law regulate the requirements of the maritime military activities in exclusive economic zone. This article is divided into three parts, introduction, content and conclusion. The content can be divided into four parts.The first part analysis the disputes about the maritime military activities in exclusive economic zone. Discusses the main types of peacetime maritime military activities, clear the contents of the maritime military activities. Analysis of these maritime military activities in exclusive economic zone formed real dispute and academic debate; put forward the main international law issues of the maritime military activities in exclusive economic zone.The second part analyses the UNCLOS itself to the specification of the exclusive economic zone of maritime military activities. First of all, clear the nature of the exclusive economic zone; this is the premise of analysis of military activity rule. Then, for the convention specification exclusive economic zone carries on the analysis of military activities, and discusses the shortcomings of these specifications. In the end, find the two paths under UNCLOS specification of military activities in exclusive economic zone: the "due regard” clause and the principle of "peaceful purposes".The third part research the "due regard” clause maritime military activities of exclusive economic zone. "Due regard" clause for text analysis and value analysis, determine the legal nature of "due regard" clause, and combined with the convention and other rules of international law, and analysis of "due regard" clause contains elements.The fourth part analysis principle of "peaceful purposes" specification of maritime military activities in exclusive economic zone. Research under the UNCLOS on the principle of "peaceful purposes", and combined with other international laws for "peace" enrich the connotation of the principle of "peaceful purposes", and guided by the principle of "peaceful purposes" at maritime military activities in exclusive economic zone.
Keywords/Search Tags:Exclusive economic zone, Military activities, United Nations Convention on the Law of the Sea, Due regard, Peaceful purpose
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