Research On International Law Issues Of Warship’s Maritime Law Enforcement Right

The ocean is the general term for the interconnected systems of the earth’s salty waters.The global coverage of the ocean reaches 71%.The ocean is rich in natural resources,including mineral resources,seawater chemical resources,marine biological resources,and marine power resources.The ocean is rich in oil,coal,iron,and natural gas.Trace elements such as fluorine,sodium,magnesium,sulfur,and gold in seawater can be extracted by technical means.The rich biological resources in the ocean can bring a considerable wealth to coastal countries,and at the same time provide a source of nutrition and food for people.In addition to the rich resources contained in the ocean itself,the ocean is also the most important channel for cross-border trade.Compared with other modes of transport,sea transportation is the lowest cost and the largest carrying capacity.It is the main mode of cargo transportation.Transnational trade Inseparable from the sea.It is precisely because of the vastness and lush nature of the ocean that it has become the indispensable place for all countries.However,it is also because of the vastness of the ocean that it is difficult for coastal countries to control,especially developing countries,even less able to govern their own waters.Pirate rampant,frequent drug trafficking at sea,and even terrorist acts at sea.In addition to these issues,there are also traditional maritime security issues,such as maritime military security and territorial security.The participation of warships in the maritime law enforcement team will greatly strengthen our maritime law enforcement capabilities and effectively protect our maritime rights and interests.Therefore,this article discusses the international law issues that warships will face in maritime law enforcement from several aspects.In addition to the introduction,this article is divided into five parts.The first part analyzes the definition of warships in international law and determines the specific scope of the research object of this article.After establishing a clear scope of research,the characteristics of this object are analyzed to distinguish warships from other general government law enforcement vessels.It is precisely because the two types of ships have their own characteristics that it is necessary to treat warships as separate vessels.One is for research.Then,it defines the maritime law enforcement actions of warships,clarifies what actions are maritime law enforcement actions,and lists the main types of law enforcement actions carried out by warships in general.Finally,at the end of the first part,the necessity of maritime law enforcement of warships is discussed,and the analysis based on the characteristics of warships leads to its irreplaceability in the course of maritime law enforcement actions of the country,and the significance of this article’s research is also proposed.The second part is to discuss the legal basis of the maritime law enforcement of warships.Warships must participate in maritime law enforcement actions,that is,the implementation of national or international laws,provided that they have a legal basis and are recognized by law as eligible subjects of maritime law enforcement in international law.This article starts from two aspects to find the legal basis for naval law enforcement of warships,namely international law and domestic law.First of all,international law mainly seeks the basis from the aspect of international treaty law,and analyzes the two most important international maritime law treaties,the High Seas Convention and the United Nations Convention on the Law of the Sea.Then,from the perspective of domestic law,two typical countries,the United States and Canada,which have vast sea areas and relatively advanced marine governance capabilities,were selected as research objects,and the legal basis for warships to participate in maritime law enforcement was found in the domestic laws of the two countries.The third part,based on the first two chapters,begins to explore in depth which law enforcement powers a warship has at sea.Starting from jurisdiction,this chapter analyzes the jurisdictional basis of warships’ maritime law enforcement and the specific law enforcement powers in different waters based on the maritime division of UNCLOS.The fourth part focuses on the world,compares and analyzes the practical activities of the US,Canada,and France in maritime law enforcement of warships,and studies the conditions and restrictions on the use of force by warships in maritime law enforcement.Finally,at the end of the article,the status quo and problems in maritime law enforcement of China’s warships are proposed,and suggestions are made.