Study On Freedom Of Navigation In The South China Sea Under The United Nations Convention On The Law Of The Sea

At the beginning of seventeenth Century,Grotius put forward the concept of freedom of navigation,which has existed in the history of the sea and ocean regime monopoly ended,began a new chapter in the sea,from the "freedom of navigation" recognized by the international community,has become an important principle of international law of the sea.Third of the United Nations Conference on the law of the sea is an important turning point in the development of the concept of freedom of navigation in 1982,the "Convention of the United Nations Law of the sea"(hereinafter referred to as "the Convention")to freedom of navigation as the core concept,not only the freedom of navigation system can be improved,and the system of statutory international legislation to make it.So far,the freedom of navigation system has become a comprehensive system of freedom of navigation in the high seas freedom of navigation and national jurisdiction in the waters for the content.The establishment and improvement of freedom of navigation has made great contributions to the peaceful development of the international community.However,due to the limitations of the Convention,the activities of maritime navigation have not been fully standardized,and the vague gap in some areas has caused great controversy in the international community.At the same time,different countries embark on different interpretations of the relevant provisions of the convention from their respective national interests,which makes the Convention's own standard and standard lose its authority,and its contents and boundaries become blurred.Analysis from the perspective of international law,freedom of navigation in the South China Sea is the main problem between the two countries,the provisions of the relevant law of the sea hegemony the United States to use misuse and misinterpretation of the "Convention",the military activities in the South China Sea exclusive economic zone legalization,disrupting the stable situation in the South China Sea and China have a tough attitude and strong opposition the confrontation of national interests of the two countries led to freedom of navigation in the South China Sea issue continued to heat up.The question of "freedom of navigation" has caused the two countries to have a constant friction and an increase in hostility,but it also encourages the two countries to dissolve their differences rationally and strengthen theconstruction of the mechanism of trust measures.In addition,the conflict of the exclusive economic zone military activities and resources development and freedom of navigation,conflict of marine resources exploitation and ecological environment protection and freedom of navigation,the new problems of the human collective security and freedom of navigation in the conflict ensued,these problems are dependent on international legislation.To improve the freedom of navigation system is not only the international community is a pressing matter of the moment is a necessary condition for Chinese going global strategy,in order to protect the legitimate rights and interests of the South China Sea China,in order to maritime activism is not the United States and other Western powers to prevent misunderstanding of freedom of navigation,China needs to re-examine the freedom of navigation system.In 1982 to give the "Convention" of the United Nations Law of the sea the historic problem is one of the main topics of the current international maritime law,China should actively participate in the "Convention" of international legislation on freedom of navigation system,and actively maintain peace and stability in the South China sea.The framework of the thesis is composed of the introduction,the main body and the conclusion.The main body is divided into three parts:The first part discusses the system of freedom of navigation "Convention of the United Nations under the perspective of the law of the sea,through the list of the" Convention "of the relevant provisions of the freedom of navigation system,understand the freedom of navigation system boundary from the perspective of international law,at the same time,the value of freedom of navigation in the South China Sea are analyzed,mainly from the three aspects of China's neighboring countries,the South China Sea the international community,to discuss,for the better put forward and solve problems to pave the way for.The second part elaborates the problems of the United Nations Convention on the law of the sea in regulating the freedom of navigation.The first focuses on the development of the exclusive economic zone of resources and the conflict of military activities and the freedom of navigation,and then put forward the problem of conflict to protect the marine ecological environment and human collective security and freedom of navigation,and then start depth analysis for the cause of the problem,finally elaborated the main focus of the freedom ofnavigation in the South China Sea issue: China and USA freedom of navigation in the South China Sea the problem.This paper mainly discusses the different interpretations of the convention from the perspective of different national interests and marine strategies,providing ideas for better solution to the issue of freedom of navigation between China and the United states.The third part is based on the "United Nations Convention on the law of the sea" under the freedom of navigation system of existing problems and put forward corresponding solutions,first of all from the defects of China's domestic law of docking "the United Nations Convention on the law of the sea" to improve the domestic legal system of freedom of navigation in the South China Sea,this is the key to solve the problem of freedom of navigation in the South China Sea,is also an important guarantee measure of national security and stability of our country;secondly,the specific analysis on the United States "freedom of navigation" in China should take countermeasures,coordination of differences between the two sides in the freedom of navigation on the issue of establishing a common destiny cognition,thus to make both the pursuit of common economic interests.Finally,from the international cooperation and inter regional cooperation to further explore the realization of freedom of navigation in the South China Sea,it is necessary to build a cooperation mechanism and trust system among countries.