Research On International Legal Issues Of Overseas Military Bases

Overseas military base is a special military relationship between two or more countries.As an important object of international law,overseas military base has not yet formed a systematic international law norm.Therefore,at the legal level,there are still many international legal issues worthy of clarification and study.Under various considerations,China has also started the construction of overseas military bases,and is not familiar with the status quo of international law in related fields,which needs to be sorted out.The purpose of this paper is to take the relevant international law theory and legal system of overseas military bases as the main breakthrough point,and adopt the research methods including comprehensive literature analysis,interdisciplinary comprehensive theoretical research,comparative data analysis,empirical theoretical analysis and historical case analysis,This paper summarizes the basic theoretical issues of overseas military bases in the current world,including the legal definition,legal attributes,the basis of international law,the rights and obligations of international law,the international legal responsibility and the termination of overseas military bases,and extends more related issues,I hope to have a complete understanding of the norms and principles of international law of overseas military bases through the study of overseas military bases and relevant international laws.Therefore,this paper mainly from the legal definition and legal status and attributes of overseas military bases and other basic theoretical issues,the basis for the establishment of international law,the scope of rights and obligations of international law and responsibilities of international law,the end of overseas military bases and other five aspects.For the study of this paper,the first problem is the basic theory of overseas military bases,such as the concept and definition of overseas military bases.The second problem mainly studies the status of overseas military bases in international law,mainly from the legal attributes of overseas military bases.And the third problem is the international legal basis for the establishment of overseas military bases,starting from the various types of international legal authorization for the establishment of overseas military bases.The fourth issue involves the study of the rights and obligations of overseas military bases,including the scope of the right to use overseas military bases,the limited jurisdiction and immunity,and the obligations of overseas military bases.The fifth problem is mainly aimed at: the problems existing in the international law responsibility of overseas military bases,mainly from the three aspects of its responsibility composition,the principle of responsibility fixation,and the form of responsibility.Finally,the end of overseas military bases is sorted out.In this regard,the research on the international law of overseas military bases is mainly in the first six parts of the text:The first part of the paper gives a brief overview of the development of overseas military bases.Firstly,according to some academic viewpoints and theories,this paper analyzes the definition of overseas military base in the form of slicing method from the aspects of time and space,and clarifies its concept.Then in the second section,it deconstructs the elements of overseas military bases,and further analyzes the connotation and extension of overseas military bases.At the same time,it preliminarily shows the significance of international law of overseas military bases construction,deepens the connotation of overseas military bases,and reflects its position in international politics and military.The second part of the paper studies the basis of international law for the establishment of overseas military bases,that is,the status of overseas military bases in international law and the basis of their existence.First of all,in the first section,it discusses various international law bases of overseas military bases,and lists several bases for establishing overseas military bases in international practice.Then it elaborates the bilateral and multilateral agreements of overseas military bases as the basis for the establishment of overseas military bases.Through this chapter,the important foundation of the establishment of overseas military bases-international legal permission is discussed,which shows that the establishment and construction of overseas military bases must strictly abide by international law.The third and fourth parts of the paper discuss the rights and obligations of overseas military bases in international law from the perspective of the basic principles of international law and international treaties.The first is the rights of overseas military bases.Starting from the norms of international law and international customs,this paper analyzes the sovereignty,the right to use,the scope of jurisdiction and immunity of overseas military bases.Then there is a brief hierarchical summary of the most common obligations of overseas military bases,which makes it more specific that overseas military bases should be strictly regulated by international law.Finally,it summarizes the coordination methods and principles when the rights and obligations of overseas military bases conflict in international law and domestic law.The fifth part mainly studies the international law responsibility of overseas military bases.The main focus of this chapter is to explore the composition of the international law liability itself in the international law liability system,classify the imputation principle of the parties who should bear the international legal responsibility,and mention the concepts of state responsibility,international damage liability,joint and several liability and strict liability in international tort and international liability.The last section is to explore the most common forms of responsibility in international practice.Finally,the sixth part summarizes the termination of overseas military bases,involving four legal forms and specific termination situations.