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The Research Onlaw Enforcement In The Disputed Marine Areas Inthe South China Sea

Posted on:2019-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
GTID:2416330545455344Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,with the constant dispute over the sovereignty of islands in the South China Sea between China and the Philippines,in which triggered the law enforcement conflicts over many disputed marine areas.In 2013,the South China Sea arbitration,the Philippines deliberately packed 15 submissions.The arbitral tribunal made an illegitimate referee with obviously "biased" beyond the scope of jurisdiction of the tribunal and made a distorted interpretation of the United Nations Convention on the Law of the Sea to support the Philippine's claim.Under the improper allegations made by the Philippines over the China's law enforcement activities in the disputed marine areas of the South China Sea,it is China's position firmly uphold the protecting power of law enforcement in the disputed marine areas of the South China Sea.China's law-enforcement activities in the disputed marine areas of South China Sea are mainly based on regular cruises,special cruises and crackdowns on crime committed.The content is consistent with the domestic law,and also with international law.There is no violation of United Nations Convention on the Law of the Sea.In order to resolve the conflicts of law enforcement in the disputed marine areas between China and the Philippines,the paper analyzes the cases of marine disputes that arise in various states and explores the ways of eliminating ambiguity.On the one hand,it is necessary to improve relevant domestic laws and integrate them with international law so that there is full legal basis for law enforcement in the South China Sea.It is suggested to strengthen the construction of the team of law enforcement in China;There is a need to set up a special marine trial institution in the South China Sea that have jurisdiction over law-enforcement disputes and enhance the international effect of China's maritime justice;A specialized institution,namely,the "China Maritime Arbitration Commission-South China Sea Branch" is recommended.On the other hand,actively establish coordinating mechanism for law-enforcement conflicts in the disputed maritime areas of the South China Sea between China and the Philippines to resolve conflicts of law enforcement peacefully by the means of reconciliation,mediation and arbitration.The two parties can also reach a binding agreement through peaceful talks and then set up a corresponding organization to carry out law-enforcement cooperation according to related agreement.
Keywords/Search Tags:South China Sea arbitration, conflicts of law enforcement, system of law enforcement, peaceful resolution, cooperation of law enforcement
PDF Full Text Request
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