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A Comparative Study Of The Harmless Passage System And The International Strait Transit System

Posted on:2019-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:M L ZhouFull Text:PDF
GTID:2436330545458652Subject:International law
Abstract/Summary:PDF Full Text Request
With its mysterious and vast,the sea,along with the development of human civilization,provides the real foundation for human existence and development.Life itself originated in the sea,and the air breathed by human beings depends on the organic reactions of the ocean and the atmosphere.From the earliest historical records,for the human gift from nature is full of exploration and enterprising.The oceans separate people from geography,but they do not share the destiny of mankind.With the continuous development and deepening of human cognition,conquest,development and utilization of marine activities,a set of habits,traditions,laws and rules around the ocean appear in history and reality.Under the action of these rules and regulations,to determine the ship,from the sea soar in the maritime air vehicle and voyager have the rights and obligations,and regulate the rights and obligations along the coastal state and inland country.The sea is also a natural link between economic and cultural exchanges among countries.In October 2013,when general chairman Xi Jinping visited ASEAN,he put.forward the strategic concept of " The 21st century maritime silk road " and pointed out its profound connotation and positive significance.On March 28,2015,the Chinese government formulated and issued "the vision and action on promoting The 21st century maritime silk road".At the same time,we must clearly recognize that to comprehensively deep the implementation of the " The 21st century maritime silk road " has a long way to go,Especially in the face of the current world economic weak recovery,uncertain risks and difficulties increase,coupled with the wave of refugees,regional conflicts and international security issues like income inequality,the influence of the economic and social problems such as unemployment,inverse globalization trend.In order to practice the positive role of Chinese "The Belt and Road" and "21 st.Century Maritime Silk Road ",we need China and all parties,work together and help each other in times of trouble.Frankly,with the healthy development of Chinese national economy and the continuous improvement of overall national strength,as well Chinese increasingly determination to safeguard maritime rights and interests and peaceful development,some neighboring countries have attracted coveted and uneasy to the Chinese construction of marine power to promote sustainable development and confidence in the continuous improvement.Compare with Japanese tracking,affect Chinese navy conventional pass through Tokara strait and Miyako Strait Chinese navy have properly responded behavior.The beginning of this article is the March 24,2017 Chinese warships across Miyako Strait,Chinese and Japanese government have different understanding between Right of innocent passage and Right of transit passage.On the basis of the basic theory of freedom of navigation,combined with the relevant provisions of the United Nations Convention on the law of the sea of the navigation system,a comparative study of Right of innocent passage and Right of transit passage.The article can be divided into five parts.The preface mainly introduces the background and the focus of the related events,and points out the significance of comparative study.The text first expounds the basic theory of freedom of navigation,and then compares the right of innocent passage with the right of transit passage,and finally puts forward some measures and suggestions on the protection and development of freedom of navigation in our country.
Keywords/Search Tags:Freedom of navigation, Right of innocent passage, Right of transit passage, Right of navigation
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