The Study On The Legal Regulation Of Joint Military Exercises In The South China Sea

In order to jointly cope with the complicated world security situation and cross-border security threats,as well as to demonstrate the country's national strength and military capabilities and expand its national influence,the joint military exercise has become an international cooperation model that the international community is increasingly keen to pursue.In the South China Sea,due to the rising temperature of maritime rights and island disputes,sovereignty claimants want to use external forces to improve their status,while the United States,Japan,and other large foreign countries are also involved in the South China Sea issue due to their own interests.In recent years,the joint military exercises in the South China Sea region have demonstrated unprecedented heat.Representative exercises include the "Cobra Gold Co-op" joint military exercise,the "Cooperation Afloat Readiness And Training”,the"shoulder to shoulder" joint military exercise of United States and the Philippines,China-Russia "sea joint" series of military exercises.Although joint military exercises have promoted military cooperation and exchanges among nations which are conducive to the maintenance of regional security and have strengthened the mutual trust mechanism among nations,and they have also been adopted in the name of safeguarding regional peace,safeguarding freedom of navigation,combating terrorism,and combating piracy,the unprecedented frequent joint military exercises have also brought about non-negligible negativeeffects on the South China Sea.First,the joint military exercises make the complication of the situation in the South China Sea;next,joint military exercises increase the security risk of the host country;finally,joint military exercises also had a certain effect.on the marine environment and marine life of the South China Sea.At present,the legal basis for the regulation of joint military exercises in the South China Sea area,the first is related international law,the second is the legal documents among the relevant exercise countries,and the third is the domestic laws of the participating countries.The relevant legal principles are: do not violate the sovereign equality of the country,do not constitute the use or threat of illegal force,do not violate other legal principles or mandatory provisions,etc.After summing up the existing legal regulations,it is not difficult to see that the legal regulations of the joint military exercises in the South China Sea currently lack the specialized legal regulations with extensive restrictions,and the incompleteness of the domestic joint military exercise legislation in South China Sea countries.In addition,under the“United Nations Convention on the Law of the Sea” and the “Convention on Biological Diversity” and other international laws,the protection of the marine environment and marine life is also an important obligation for joint military exercises in the South China Sea.The marine noise generated by the joint military exercise has a tremendous impact on marine life.But there is no legal regulation in this area in the South China Sea.In this regard,the author proposed suggestions for improving the legal regulation of joint military exercises in the South China Sea and the China's response.Specifically: Speed up the formulation of “Code of Conduct for the Parties in the South China Sea” to broaden the joint military exercises in the South China Sea region;the countries in the South China Sea will improve domestic legislation on joint military exercises,including general duties,management of entry and exit,and guarantees and provides convenience,compensation for damages,jurisdiction,etc;improves South China Sea marine protection legislation,including interpretation of the UN Convention on the Law of the Sea.Finally,China should vigorously advance the process of formulating the Code of Conduct for Parties in the South China Sea,improve the domestic legislation for joint military exercises,and strengthen military exchanges and cooperation with ASEAN countries.The overheated joint military exercise has already surpassed its own connotations.This paper aims to summarize the current legal regulations governing the joint military exercises in the South China Sea and take the opportunity to formulate the "Code of Conduct for the Parties in the South China Sea" to put forward sound suggestions for the improvement,to provide a certain amount of reference for China during or after the process of formulate the "Code of Conduct for the Parties in the South China Sea".So that all parties in the South China Sea can avoid conflicts in military cooperation and achieve a win-win situation!...