Font Size: a A A

Research On The Related Rights And Norms Of Sunken Warships In The Waters Under Our Country’s Jurisdiction From The Perspective Of The Underwater Culture Heritage

Posted on:2024-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:H R YanFull Text:PDF
GTID:2556307064456824Subject:legal
Abstract/Summary:PDF Full Text Request
As the most important type of underwater cultural heritage,sunken warships have a special legal status,as well as military and historical value.However,the current theoretical and practical circles have disputes over the jurisdiction and ownership of sunken warships.In addition,The relevant domestic legislation in my country is not yet sufficient.By analyzing the nature and related rights of sunken warships as an underwater cultural heritage,this paper studies the conventions and practices related to sunken warships,compares the problems existing in my country’s rights related to sunken warships,and conducts research on the rights and regulations of sunken warships in the waters under our jurisdiction.Complete.Specifically,this article is divided into five parts:The first part is an overview of this paper,introducing the general theory of sunken warships,including analyzing its definition and characteristics,as well as its particularity as the most important part of underwater cultural heritage,and analyzing the relevant rights of sunken warships,such as jurisdiction rights,ownership and immunity,etc.,to clarify its legal status,and to provide a strong guarantee for the rights to study sunken warships.The second part of the study is about the current situation of the legal regulation of sunken warships.The main purpose is to analyse international treaties and to clarify the legal regulation of sunken warships in the international community.The third part is the experience of foreign countries in relation to the rights of sunken warships and the aspects worthy of reference.The main purpose is to analyse the relevant laws of the United Kingdom and the United States,which are major maritime powers,and to draw lessons for the improvement of the regulation of the rights of sunken warships in China’s jurisdictional waters.The fourth part is to analyse the above-mentioned,combined with international treaties and relevant provisions of China,to identify the shortcomings of China’s regulation of the rights related to sunken warships in jurisdictional waters,such as the controversial ownership of sunken warships in some waters,the controversial jurisdictional scope and immunity rights of sunken warships in jurisdictional waters,as well as the ambiguous provisions of the right to salvage and the right to information,to identify such shortcomings,and to improve the regulation of the rights related to sunken warships in jurisdictional waters of China.The scope of the right to salvage and the right to information are vague.The fifth part is to propose ways of improvement through the above analysis and experience,to improve the shortcomings of the regulation of rights related to sunken warships in China,and to promote the optimal construction of the legal regulation of sunken warships.
Keywords/Search Tags:Sunken warships, Jurisdiction over sunken warships, Ownership of sunken warships, Immunity of sunken warships
PDF Full Text Request
Related items