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A Study On The System Of Archipelagic Sea Lanes Passage

Posted on:2020-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:E E ZhangFull Text:PDF
GTID:2506305714455184Subject:International Law
Abstract/Summary:PDF Full Text Request
The system of archipelagic sea lanes passage is the result of a balance between the sovereignty of the archipelagic state and the freedom of navigation and overflight of other states,but in practice,some archipelagic states have a violation of the United Nations Convention on the Law of the Sea and general principles of international law,such as the refusal to recognize their status as archipelagic states,the unreasonable delimitation of archipelagic baselines,the non-designation or partial designation.The exercise of archipelagic sea lanes through the right to pass is seriously hindered,and the study of these problems has important theoretical and practical significance.In the practice of archipelagic states,the main problem with the passage system of archipelagic sea lanes is the non-designation,partial designation of sea lanes or air routes.In accordance with article 53 of the United Nations Convention on the Law of the Sea,the designation of sea lanes and air lanes is not mandatory,but partial designation of sea lanes or air routes is incompatible with the provisions of the United Nations Convention on the Law of the Sea.The "the routes normally used for international navigation" provided for in article 53,paragraph 1 2,of the United Nations Convention on the Law of the Sea may fill gaps in unspecified,partially designated sea lanes or air routes,and it must therefore be interpreted to clarify what constitutes a "the routes normally used for international navigation",thereby determining the nature of the right of passage of such archipelagic sea lanes and the applicable rules.Archipelagic sea lanes are related to China’s maritime trade and military corridors through the system,and it is found and evaluated that the system of archipelagic states and archipelagic sea lanes associated with China is conducive to the practice and consolidation of rights in important corridors of the world.In order to avoid the risks of navigation safety and the obstruction of archipelagic states,China should abide by the relevant obligations and strengthen international cooperation and improve domestic policies and regulations.At present,in a situation where there are still many obstacles to the exercise of the right of passage of archipelagic sea lanes,Users and archipelagic states,while adhering to the unity of rights and obligations,should make friendly consultations and win-win cooperation,promote the application and improvement of the United Nations Convention on the Law of the Sea,and create a harmonious order of international navigation.
Keywords/Search Tags:<, United Nations Convention on the Law of the Sea>, , archipelagic states, archipelagic sea lanes passage, navigation and overflight
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