Study On The International Marine Legal Order

The codification of the law of the sea began in twentieth Century,especially after the Second World War,the development of the law of the sea has made a major breakthrough,the realm of the law of the sea has been extended.The Third United Nations Conference on the Law of the Sea began in 1973,after long consultations over more than 100 participating countries,the United Nations Convention on the law of the sea(hereinafter referred to as the Convention),which was formed in the end,provided a basic legal framework for the use of the oceans and the management of the oceans,which was hailed as“Ocean Charter'',and as a symbol of the establishment of the International Marine Legal Order.However,specific to the legal system of the International Maritime Legal Order,the Convention was the result of the compromise between the various interest groups at the outset,while basically satisfying the universal aspirations of the world,can not solve all international maritime issues.The Convention has varying degrees of flaws and shortcomings in such areas as historical rights,island and rock reef system,exclusive economic zone system,archipelagic system and piracy problem,can not meet the current complex international marine practice,even to some extent,caused the frequent occurrence of maritime dispute.At the same time,International Maritime Legal Institutions are also difficult to be fair and effective in the face of maritime disputes.The imperfection of the Marine Legal Order,such as the Convention,undoubtedly affect the change of the International Marine Legal Order,and finally affect the international peace and security.As a participant of the Third Conference on the law of the sea,China made important contribution to the adoption of the Convention.However,China's current voice in the international ocean affairs has yet to be improved,and China itself is deeply involved in the plight of complex maritime disputes.How to seize the historical opportunity of International Marine Legal Order change and break through the real dilemma is the problem that China must face at present.China should be committed to participate in perfect the Convention with a pragmatic attitude.The improvement of the legal system drives the reshaping of the International Marine Legal Order and the dream of the ocean power.Starting from the main problems existing in the legal system of the International Marine Legal Order,this paper puts forward some suggestions on the improvement of the International Marine Legal Order based on the present situation of ocean development.The first chapter of this article focuses on the development of the compilation of the law of the sea and the historical process established by the International Marine Legal Order,represented by the Convention,to further clarify the importance of the Convention's core marine legal systemin the history of the development of International Marine Legal Order.The second chapter specifically describes the current International Marine Legal Order in the legal system aspects of the main problems,with the Convention in the historical rights issues related to the issue of the island and rocky system,the delimitation of the sea area,the application of the islands system,the exclusive economic zone system and piracy problems as the starting point to reveal the current International Marine Legal Order in the legal system aspects of the emerging issues.The third chapter focuses on the improvement of the International Marine Legal Order,advocates from the international and regional levels,through some specialized supplementary agreements,hold review meeting,guide the relevant international institutions to develop the law of the sea,strengthen regional cooperation and conclude regional agreements to improve and reform the International Marine Legal Order.The fourth chapter is based on Chinese,clear Chinese Countermeasures in the face of the problems of the International Marine Legal Order need a proper attitude and need to improve the situation under the circumstances.China should take measures to show that China is a responsible country in the improvement of the International Marine Legal Order.The problem of the sea is a global problem,and the perfect International Marine Legal Order will not only contribute to the protection of China's maritime rights,but also help to safeguard the interests of the people of the world.