Development And Application Of Armed Conflict Law On The Sea

Along with armed conflicts on the sea, which break out frequently more and more, Armed Conflict on the Sea is gradually formed. After the Second World War, the form, content and subject of Armed Conflict on the Sea has deeply changed. However, Armed Conflict Law on the Sea develops slowly. China has ratified many treaties about Armed Conflict Law on the Sea, which means that Chinese Navy has to take relevant international responsibilities. To get the best results of the marine battle under international law, Armed Conflict Law on the Sea should be exercised.There are four parts in this thesis.The first part of the thesis introduces the concept, content, compilation, source, faced challenge and development of Armed Conflict Law on the Sea. The concept of Armed Conflict Law on the Sea contains the concept of War Law on the sea, just as the concept of armed conflict on the sea contains the concept of the war on the sea. So, the armed conflict law on the sea contains the content of traditional law of war to which should be applied war on the sea, and the treaty and international convention to which should be applied armed conflict on the sea except the war on the sea. The content of armed conflict law on the sea should include jus ad bellum and jus in bello.The second part of the thesis mainly introduces the basic rules of armed conflict law on the sea, including the beginning and the end of armed conflict on the sea, the zone of armed conflict on the sea, means of warfare and methods of warfare, the position of warship, business ship and airplane, blockage on the sea. After the Second World War, the attention to international humanism has been improved to a grade that is higher than ever by international community. At the same time, there are more and more limitation to the means and methods of armed conflict on the sea.The third part of the thesis mainly introduces the illegal act during the armed conflict on the sea and the punishment about it. After the Second World War, international courts have brought to trials many kinds of crime, such as war crimes, crimes against humanism, crimes of genocide., which have committed international imperative law. All of these trials have formed the new practice of the individual person who should take international responsibility. The fourth part mainly introduced the appliance of armed conflict law on the sea, which includes the purpose of the application of armed conflict law on the sea, the concept of warfare of the law and the application on the armed conflict law on the sea during the possible armed conflicts in the future.About the studying methods of the thesis, the first is the method of comparative study. The second is positive method. The third is analysis of the value. The fourth is the historic method.