Research On The Special Internal Waters In The UN Convention On The Law Of The Sea

Internal waters is a sea area where coastal states enjoy full sovereignty,and international treaties have less regulation on internal waters.However,the United Nations Convention on the Law of the Sea(hereinafter referred to as the "Convention")has made special arrangements for parts of internal waters,and the special arrangements for intermal waters of the Convention have jointly established a unique internal waters regime.At present,the problems related to special internal waters have not yet been clarified.In order to better apply the special internal waters regimes from theory to practice,this paper studies the special internal waters regimes in light of the relevant provisions of the Convention.The full text is divided into the following five parts:The first part is the definition of the special internal waters and its historical evolution.Special internal waters refer to the sea areas that are landward to the territorial sea baseline where the Convention makes special arrangements.The special internal waters regime was first established by the International Law Commission in the Convention on the Territorial Sea and the Contiguous Zone and developed and improved in the Convention.The legal nature of special internal waters is internal waters,not territorial waters or other sea areas.The second part is the criteria for determining the special internal waters and related issues.On the one hand,there are three conditions for the determination of special internal waters.First,the eoastal state adopts straight baseline described under the Convention;second,under the influence of a straight baseline,"waters that were not previously considered to be internal waters" become internal waters;thirdly,in the case of Straits,the provisions of the Convention on special internal waters apply only to the straits used for international navigation.On the other hand,regarding the determination of special internal waters,special internal waters may exist in the oceanic islands of continental countries.Besides,countries not parties to the Convention may also determine their special internal waters in accordance with customary international law and the provisions of the Convention.The third part is the special internal waters regime.The prevailing regimes include the right of innocent passage in special internal waters as stipulated in Article 8(2)of the Convention,and the right of transit passage and innocent passage of special internal waters in the straits used for international navigation as stipulated in Article 35(a),and right of innocent passage of special internal waters in oceanic islands of continental countries.The fourth part is the rights and obligations of the special internal waters related subjects.On the one hand,the coastal state should not obstruct the right of flag States to pass and transit through its special internal waters in accordance with the provisions of the Convention.On the other hand,flag State should also assume corresponding obligations,comply with the provisions of the Convention on innocent passage and transit passage regimes,and fulfil its obligation of "due regard" and to protect the marine ecological environment in the special internal waters of coastal states.The fifth part is the enlightenment of the special internal waters regimes for China.Chinese ships must pay attention to the provisions of the Convention on innocent passage and transit passages through special internal waters in other coastal states and should abide by the laws of coastal states and international customs.When foreign ships are passing through China' s special internal waters,they should pay attention to the traffic separation scheme on the internal waters and the oceanic islands including the Xisha Islands,as well as China' s regulations on marine environmental protection.In addition,foreign warships are not allowed to pass China's special internal water without permission.