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Harmless Through Legal Issues

Posted on:2018-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:S ZhuFull Text:PDF
GTID:2356330542450699Subject:Law
Abstract/Summary:PDF Full Text Request
Legal system of innocent passage is an ancient legal system which is nearly408 years in the history from 1609 to the present.From the theory of scholars' oral arguments to the standards that all countries have been convinced,they have gone through many changes.Legal system of innocent passage is of great significance,and it explains the result of the contest of the two rights in the international envirounent:The right of innocent passage is the freedom of navigation enjoyed by foreign ships or warships,It originated in Holland scholar Grotius,It is also the content stipulated in the United Nations Convention on the law of the sea.Another right is the right of territorial waters enjoyed by coastal states when foreign ships or warships pass through the coastal States.The continuous development of the two rights,finally determined legal system of innocent passage.So far,The following problems exist in the legal system of innocent passage:1?The lack of a unified definition of the concept of ship;2?There are legal loopholes in the ship pollution;3?Whether the foreign warships enjoy the right of innocent passage;4?The relevant laws of the private armed merchant ship's right of innocent passage are not perfect.In view of the above problems,this paper puts forward some suggestions:1?To define the definition of ships,2?To make up for the legal loopholes in the pollution of ships;3?To regulate the contents of the legal system of innocent passage of foreign warships;4?To supplement the legal system of innocent passage of armed vessels.
Keywords/Search Tags:Legal system of innocent passage, flag, coastal country, ships, special ships
PDF Full Text Request
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