The Theory Of Marine Restrictions On Freedom Of Navigation In The Exclusive Economic Zone

Grotius in the early 17 th century put forward the concept of freedom of navigation,the end of the long ocean divide and monopoly,has opened up a new pattern of sea voyage.The Third United Nations Conference on the Law of the Sea is another important opportunity to develop the concept of freedom of navigation.On the basis of the concept of freedom of tradition of navigation,the 1982 United Nations Convention on the Law of the Sea further improved the freedom of navigation system:the final confirmation of the freedom of navigation of landlocked countries.Maritime freedom is closely related to national sovereignty,maritime security,marine environmental protection and marine resource development,and has a variety of attributes.The limitation of freedom of navigation should include at least two core elements,one is to fully respect the principle of "peaceful use of the oceans" and to enjoy freedom of navigation on the basis of giving priority to "national security interests and exclusive jurisdiction" of coastal States.At the same time,in response to other countries may be to maintain the safety of marine resources and ecological environment on the grounds of navigation activities for unilateral and inappropriate restrictions.China should strengthen the domestic legislation and external cohesion of the two sides clearly defined the freedom of navigation content,and effectively guarantee the realization of national freedom of navigation.