Font Size: a A A

A Research And Revelation On The U.S.Navy's Participation In Maritime Law Enforcement

Posted on:2019-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:N YangFull Text:PDF
GTID:2416330548950744Subject:Ocean Law
Abstract/Summary:PDF Full Text Request
As the coastal countries of the world are committed to the development and use of the oceans,the existing maritime law enforcement forces are no longer sufficient to cope with the increasingly severe maritime law enforcement environment and complex tasks.In order to improve its marine control and enforcement capabilities,some coastal states have incorporated navy into marine law enforcement force system and let them participate in maritime law enforcement.This has led to closer links between naval and maritime law enforcement agencies.Looking at the construction of maritime law enforcement forces in coastal states,the involvement of naval forces in maritime law enforcement has become increasingly normalized.The Navy is increasingly participating in maritime law enforcement operations in the seas under national jurisdiction and on the high seas.Navy's participation in maritime law enforcement is an inevitable trend in the development of maritime law enforcement.However,there are still some legal issues that need to be resolved.For example,does the Navy have the right to enforce the law at sea?There are still conflicts between the Navy's maritime law enforcement functions and military functions.And how to make coordination and cooperation between the Navy and other maritime law enforcement agencies.The United States is a typical representative of the Navy's participation in maritime law enforcement.Although the United States has the world's most powerful maritime law enforcement agency,the Coast Guard,the Navy is still involved in combating piracy,combating terrorism at sea,drug enforcement,etc.The United States Navy has encountered many obstacles in its participation in maritime law enforcement.For a long period of time,scholars held that the 1878 Posse Comitatus Act and the United States Code prohibited the Navy from participating in law enforcement operations.The principle of "prohibiting the military from enforcing civil law" constitutes a legal restriction on the law enforcement of the Navy.Recognizing the need for the Navy to assist maritime law enforcement agencies to maintain their maritime rights and interests,the United States makes a new interpretation of the above-mentioned legal provisions.The Navy's involvement in maritime law enforcement is no longer subject to legal restrictions.The United States has also introduced new legislation to ensure that the Navy can better participate in maritime law enforcement operations.In recent years,the situation in the sea around China has been very severe,and the disputes on the East China Sea and the South China Sea have continued.China urgently needs strong support from the Navy for existing marine law enforcement agencies.This will help China achieve effective control over the jurisdiction of the seas and safeguard China's rights and interests.It is of great significance to draw lessons from the experience of US Navy 's assistance in maritime law enforcement and make suggestions for our navy's further participation in maritime law enforcement.
Keywords/Search Tags:The Navy, Maritime Law Enforcement, Assistant Maritime Law Enforcement
PDF Full Text Request
Related items