Research On The Delimitation Of Maritime Search And Rescue Area

Maritime Search and Rescue Area(hereinafter referred to as SAR)is a concept in International Convention on Maritime Search and Rescue,which specifically refers to the determined geographical area associated with Rescue co-ordination center in which the Contracting States provide search and rescue services.The determination of SARs is the basis for a country to carry out maritime search and rescue activities.Rational delineation of SARs can not only improve the efficiency of maritime search and rescue,but also effectively reduce maritime conflicts.The "Global Maritime Search and Rescue Plan" formulated by IMO has uniformly and completely divided International maritime search and rescue area.The plan divided the global sea(outside the North and South Pole)into thirteen areas,and defines the SAR of relevant countries in each sea area.However,due to the limited number of countries that have ratified the plan and the fact that the Convention above recognizes that countries establish SARs by agreements,the SARs delineated by the latter agreement conflict with the plan,resulting in obstruction of maritime search and rescue activities and conflicts between countries.Since it is difficult for the international community to reach a consensus on the delimitation of SARs,and there is no consistent standard for the principles and standards of SARs,it attempts to analyze the current situation of the distribution of SARs,the practice between countries and international conventions,exploring the basic unified principles and standards for the delimitation of SARs,and promotes national cooperation and the smooth and peaceful conduct of maritime search and rescue activities.Apart from the Introduction and Conclusion,the content is divided into four chapters.The first part elicits the basic problems of SAR delimitation.Taking the "Global Maritime Search and Rescue Plan" as an entry point,this paper introduces the distribution of SARs as a whole,and analyzes the actual effectiveness and obstacles of the current division of SARs from the distribution.It shows that although there is a relatively clear delineation at present,due to the rights disputes between countries and the lack of national laws and regulations,the delimitation of SARs is basically in a nominal state,and the international community needs to further improve the rules of international law and further strengthen international cooperation between countries Only then can the SAR be truly effective.The second chapter introduces the theoretical basis and international legislation involved in the demarcation of SARs.The necessity of delineating the basis of maritime search and rescue cooperation is explained by the Human Rights Inclination Theory and the Functional Sea Area Theory.The Human Rights Inclination Theory emphasizes that in the field of maritime search and rescue activities,the state should pay more attention to human rights that focus on human life search and rescue,rather than sovereignty,and should not obstruct the delimitation of SARs with the theory of national sovereignty;the Functional Sea Area Theory emphasizes that the SAR should be regarded as a dedicated functional area for search and rescue,not a maritime boundary that defines national borders.If the theory of international law is the necessary basis for the delimitation of SARs,then international conventions in Vol.ve how to delineate SARs.United Nations Convention on the Law of the Sea,International Convention on Maritime Search and Rescue and Chicago Convention on International Civil Aviation not only clarify the principles of SAR delimitation,but also provide standards and approaches for SAR delimitation.The third chapter introduces the international practice of SAR delimitation.By analyzing the practice of SAR delimitation from three dimensions,and progressively explain the most appropriate and effective ways and paths.The three dimensions are unilateral delimitation,bilateral and multilateral agreements.The model of unilateral maritime search and rescue area delimitation aims to reflect the influence of geopolitical conflicts and political factors between countries on the delineation of SARs in purely functional areas,and to clarify the stalemate of maritime search and rescue cooperation under this type of delimitation mode;bilateral The agreed delineation of SARs is based on the common will of the countries and aims to highlight the importance of national cooperation awareness,and further points out whether the SARs are close to bilateral agreements to avoid obstacles to maritime search and rescue activities,indicating that a third country The influence of the will on the effectiveness of the bilateral agreement;the above can lead to the SAR established under the multilateral agreement,and through the comparison of the two polygonal agreements,the appropriate demarcation of the SAR can be clarified.The fourth chapter is pondering of perfecting the demarcation of SAR.On the basis of clarifying maritime search and rescue legislation and practice,discuss how to delimit relevant areas and improve the practical performance of SARs.It is proposed not only to improve existing international legislation,but also to promote legislative cooperation between relevant countries.Because China is a party to the relevant conventions,it has followed the provisions of international conventions so far.Like conventions,there is a lack of substantive rules.Therefore,it proposes that our SARs should be based on the Maritime Traffic Safety Law of the People’s Republic of China.The responsibility system for maritime search and rescue and at the same time strengthen cooperation with neighboring countries along the coast to promote the establishment of maritime search and rescue areas and the improvement of legislation in the field of maritime search and rescue.