A Study On The Legal Cooperation Mechanism Of The Maritime Search And Rescue Bordering Enclosed Or Semi-enclosed Seas

A Malaysian Airlines aircraft, call-sign MH370, lost contact with Air Traffic Control, after 327 days and based on all available data as well as circumstances mentioned earlier, survivability in the defined area is highly unlikely. The Government of Malaysia officially declares Malaysia Airlines flight MH370 an accident. The Search and Rescue mission involved 160 assets inclusive of 65 aircraft and 95 vessels as well as experts from 25 countries. As the world’s busiest waters in the South China Sea, one because of the complexity of the marine environment and make a variety of maritime distress incidents occur frequently. Up till now, no actual search and rescue cooperation has existed among the countries along the South China Sea. The huge differences in the national interests,the complexity of international relations the discrepancy of treaty obligations and the gap of the national search and rescue strength all make the currently regional cooperation necessary to establish a long-term effective maritime search and rescue cooperative mechanism for the South China Sea.To establish and perfect the Legal Cooperation Mechanism of the Maritime Search and Rescue bordering enclosed or semi-enclosed seas, international organizations andcountries concluded the 1982 United Nations Convention on the Law of the Sea, he1979 International Convention on Maritime Search and Rescue, the 1944 Convention on International Civil Aviation, et al, absorb the content of human rights protection. These conventions have agreed: Terms and Definitions, Competent Authorities of the Parties, Conduct of Aeronautical and Maritime Search and Rescue Operations, Cooperation Among the Parties Meetings of the Parties and so on. The Arctic Search and Rescue Agreement,signed by ministers from Arctic Council member states in Nuuk, 2011,is a milestone in the course of the hard law to promote cooperation of Arctic eight countries.The Legal Cooperation Mechanism of the Maritime Search and Rescue bordering enclosed or semi-enclosed seas can not only improve the performance of search and rescue significantly,but also enhance mutual trust between relevant countries effectively, and maintain the region peace. China should help Perfecting the Regional Cooperation Mechanism of the Search and Rescue in the South China Sea in communicationand coordination with the spirit of service providers,rather than the posture of leading role. It is a realistic option for China making use of the existing 10+1 frameworkpromote joint action mechanism construction of maritime humanitarian search and rescue in South China Sea by the way of holding joint working conference, establishing search and rescue information sharing center, conducting normal and substantial searchand rescue drills, and offering financial and technical support.Hence the realistic choice of the search and rescue mechanism in the South China Sea can only be that China takes responsibility for the search and rescue in the South China Sea. There are relevant international treaties and laws and regulations, the creation of the system in the South China Sea search and rescue cooperation mechanisms, to insure the maritime safety and security in the South China Sea, and avoid maximal loss of life and property.