The Freedom And Limitation Of International Navigation

In the history of International voyage,there were two different ideas fighting on the vast ocean.One is about sailing freedom.The other is about sailing limitation.The ocean navigation system of Modern International Law,like system of innocent passage,is formed eventually by these two ideas which are battled constantly.In addition,specific characteristics in some water zone,such as archipelagic waters which gives rise to the system of passage of archipelagic waters.China not only owns a long coastline,but also has vast territorial right,so ocean freedom system is closely related to the ocean policy in China.At the same time,the ocean conflicts between China and other countries are increasing.In recent years,international community pay more and more attention to the process of Chinese protection about ocean rights and a series of sailing practice.It's necessary for us to discover the production,the value,the price measurement,the freedom and restriction in system designing about ocean navigation system synthetically,and how to understand the freedom and the restriction in ocean navigation system,which plays an important role in protecting Chinese ocean rights,is urgent and necessary in the future time.The first part discusses several confrontations between freedoms and restrictions in the international navigation system from the perspective of historical development.It analyzes the origin and concrete embodiment of freedoms and restrictions in international navigation from three historical stages:before the 17th century,between the 17th century and the 18th century,and from the 18th century to the present.It firstly makes a specific analysis of the navigation theory of each stage and its historical background,then summarizes the freedoms and restrictions of international navigation in each stage,and finally sums up why there are such freedoms and restrictions.The second part focuses on the analysis of the value considerations carried out in the design of the international navigation system,and what freedoms and restrictions these value considerations have on international navigation.This part summarizes four groups of value considerations:order and peace,equality and justice,efficiency and fairness,and win-win cooperation and development.It firstly analyzes why the above value considerations should be carried out in the design of the navigation system,then discusses the influence of the above value considerations on the design of the international navigation system,and finally sums up the specific performance of the above value considerations in the freedoms and restrictions of international navigation.The third part compares several navigation systems existing in the international community and the freedoms and restrictions embodied in the navigation system from a horizontal perspective.This part mainly analyzes the emergence and development of innocent passage regime,free navigation system on the high seas and exclusive economic zone,transit passage,archipelago water passage and polar region navigation system,as well as the freedoms and restrictions in international navigation.This part makes a horizontal comparison starting from the existing international navigation system.It firstly discusses the background and reasons of all kinds of navigation systems,and then analyzes the freedoms and restrictions existing in all kinds of navigation systems.The last part takes the unreasonable treatment China received in the navigation practice as the starting point,and proposes that what selections China should make according to the freedoms and restrictions in the international navigation system.It firstly analyzes with examples how China should safeguard its maritime rights in accordance with the law in international navigation as a coastal country,and how to reasonably counter the unreasonable restrictions imposed by other countries on China's freedom of navigation as a navigation country,for example,the "freedom of navigation in the South China Sea" that the United States has been pursuing as a non South China Sea country,and Japan's opposition caused by the legitimate passage of Chinese warships through the Miyako Strait,then summarizes how to make correct policy choices to maintain its own maritime safety and protect its own right of freedom of navigation when dealing with the provisions of freedoms and restrictions in international navigation.