Research On The Historical Rights In International Law

Historical rights is an important issue in international law of the sea , Since the historic rights is not clearly defined in the law of the sea, and in the academic community has no clear definition and clear elements, so the historic rights and historic waters, historic title, historic fishing rights and other related concepts is not clearly defined, among these concepts are mutually staggered, and in "convention the law of the sea for > historic rights status is not clearly defined, but from the analysis of" Vienna treaty law "rules of interpretation theory," in fact the United Nations Convention on the law of the sea "is no denial and historic rights status and historic rights exist. Historic rights is the country have certain rights of a land or sea through a historical consolidation process, including the history of power and historical ownership rights.The concept of historic rights and the analysis of elements, will enable us to be more clear for the historic right understanding. Elements of historic rights in international practice, or in the academic circles, also have no consistent definition. But the International Committee for the elements of historic rights the definition is the first country to exercise the jurisdiction of the relevant area,the second is in quite a long period of time for public exercise, and finally the other countries by default. But the academic circles also have different "elements".Historic rights is undoubtedly an important right in the law of the sea, in recent years the continuous fermentation of the South China Sea dispute the historic rights once again become the focus of attention of the international community. Since the China announced nine line in the South China Sea, China is the nine section of the line for the South China Sea waters within the historic rights made by the history of the consolidation process, but this process also shows that the China waters in the nine paragraph in line with long lasting, that is to One principle runs through it all., Line Islands and waters of the historic rights,although does not have the obvious continuity and exclusiveness for proposition nine line area of the historic rights, so that the countries around the South China Sea and often ignore the inherent in our national interests in order to expand the maritime rights. Chinese as a maritime country, must use legal weapons to protect the inherent rights we have, this is not only In order to safeguard China's maritime rights and interests in the South China Sea, but also affirmed the contribution of historic rights in the promotion of international law rules of the trip...