The resolution mechanism of maritime rights and interests, and the scope of national maritime rights

Legal Analysis: Maritime rights and interests include rights and interests in internal waters, territorial seas, and adjacent sea areas. Maritime rights and interests belong to the scope of national sovereignty, and it is the right formed by the extension of national territory to the sea.

States enjoy completely exclusive sovereign rights in the territorial sea area, which is exactly the same as the nature of sovereignty over land territory.

Legal basis: Article 18 of the United Nations Convention on the Law of the Sea: Internal waters refer to all waters and watercourses covering the landward side of the baseline. The littoral State has the right to make laws and regulations to regulate it, while the ships of other States do not have the right of passage.

Article 19: Territorial sea means the waters of twelve nautical miles beyond the baselines, which may be administered by the littoral State by laws and regulations and for the use of its resources. Foreign ships have the right of innocent passage in the territorial waters.

Military vessels, on the other hand, can also carry out "transit passage" with the permission of the territorial sea state.

Article 20: The contiguous zone refers to the 12 nautical miles outside the territorial sea, that is, between 24 nautical miles outside the baseline of the territorial sea and the territorial sea, which is called the contiguous zone. In the zone, littoral States may enforce anti-smuggling and anti-smuggling laws governing the territorial sea.

In the 90s of the 20th century, China promulgated two maritime laws and regulations, introducing the concept of maritime rights and interests into national laws. Since then, maritime rights and interests have begun to attract attention as a new legal concept.

Legal basis: Article 284 i. of the United Nations Convention on the Law of the SeaA State Party that is a party to a dispute concerning the interpretation or application of this Convention may invite the other party to submit the dispute to conciliation in accordance with the procedure set forth in Section I of Annex V or another conciliation procedure.

ii.If the other party to the dispute accepts the invitation and the parties to the dispute have agreed on the application of the conciliation procedure, either party may refer the dispute to that procedure.

iii.The conciliation shall be deemed terminated if the other party to the dispute does not accept the invitation or if the parties to the dispute do not agree on the procedure.

iv.Unless otherwise agreed by the parties to the dispute, the mediation may only be terminated in accordance with the agreed conciliation procedure after the dispute has been submitted to mediation.

The demarcation of the scope of maritime rights and interests refers to the demarcation of the security interests, sovereignty, jurisdiction, legal rights and interests and other rights and interests of maritime states. It is also a very complex and sensitive issue, as each maritime state wants to ensure that its maritime rights and interests are protected and utilized to the maximum extent. The use of the oceans and seas involves hail and national economic and security development, and therefore the delimitation of the scope of maritime rights and interests is a key issue in the definition of national territory and international relations.

First of all, it should be made clear that the delineation of the scope of maritime rights and interests mainly involves elements such as territory, coastlines, fishing rights, oil, natural gas and other natural resources. In international law, a sovereign coastline refers to the line within the territory of a country that connects from the starting point of the bottom edge of the land to the sea surface, and the sea area within the line belongs to the sovereignty of the state. At the same time, the State can exercise rights and jurisdiction within its territorial waters.

In addition, the United Nations Convention on the Law of the Sea also stipulates the delimitation of the exclusive economic zone and the continental shelf to ensure the equitable use and management of marine resources. In addition, each country has different criteria for defining and dividing sails in policy formulation and practical application.

From an extended perspective, the division of the scope of maritime rights and interests involves not only the internal policies and management of countries, but also the overall interests of international relations and marine development. Here, it is important to note that an important aspect of the delimitation of the scope of maritime rights and interests is the allocation of fishery resources. Fishery resources are the domain of competition among many maritime countries, because different sea areas have different types and quantities of fishery resources, and these fishery resources can directly affect the country's economic benefits and control over fishery resources.

At the same time, due to the scarcity and competition of marine resources, the division of international fishery resources is also relatively complex, requiring consultation and fair division among various countries.

In conclusion, the delineation of the scope of maritime rights and interests is a comprehensive, complex and sensitive issue, which requires continuous analysis and development by various countries at the policy and practical levels. In addition, it should be noted that the history, geopolitics and economic development of different countries will affect the definition and practical application of the scope of maritime rights and interests, so the international community should establish multilateral mechanisms and dialogue platforms to jointly promote the protection and utilization of maritime rights and interests. <>

1. Strengthen the top-level design of the construction of a maritime power. It is necessary to carry out the top-level design of the overall land and sea development plan from the height of the country's overall economic and social development plan, focusing on promoting the coordinated development of land and sea industries, strengthening the integrated protection of land and sea ecological environment, and realizing the overall planning and efficient utilization of land and sea resources, and other planning and deployment, and compiling major measures into the "14th Five-Year Plan".

2. Deepen the understanding of maritime rights and interests.

China is not only a land power, but also a maritime power. However, for a long time, under the influence of the traditional thinking of "valuing land over sea", people's awareness of maritime rights and interests is very indifferent, and they do not deeply understand the significance of maritime rights and interests to national development. As the position of the ocean in the overall strategic situation of coastal countries becomes more prominent, the competition between countries in the comprehensive strength of the ocean, with the maintenance and expansion of maritime rights and interests as the core, has intensified.

It is necessary to make clear China's concept of safeguarding maritime rights and interests, and take "peace, cooperation, and harmony" as the ideological foundation and basic concept for safeguarding China's maritime rights and interests and building a maritime power in the new era. "Peace" is the purpose of safeguarding maritime rights and interests, "cooperation" is an important way to safeguard maritime rights and interests, and "harmony" is the core of safeguarding maritime rights and interests.

3. Enhance the ability to actually manage and control maritime rights and interests.

While adhering to the path of peaceful development, we should also continuously improve our ability to actually manage and control the oceans, and more effectively safeguard and expand China's maritime rights and interests. It is necessary to integrate China's coast guard law enforcement forces, improve the level of equipment, expand the scale of personnel, build a normalized on-duty marine rights protection patrol mechanism, and carry out key rights protection law enforcement patrols on key areas and key islands and reefs.

4. Improve the risk prevention awareness of enterprises and citizens involved in marine development.

Coordinating domestic and foreign resources, vigorously developing the island economy, and scientific and rational development are more conducive to protecting islands and safeguarding China's maritime sovereignty, rights and interests.

5. Improve the system of marine laws and regulations.

Conduct in-depth research on the legislative ideas and outstanding issues of the Basic Law on the Ocean, advance the drafting of draft laws, and submit them to the Standing Committee for deliberation as soon as possible; In accordance with the principles set forth in the Basic Law on the Sea, integrate the relevant provisions of various special laws, and research, demonstrate, and formulate laws related to maritime rights and interests.

In fact, maritime rights and interests include a lot, especially those related to marine resourcesIt is very necessary for China to develop its navy, and it has recently been announced that China will build an aircraft carrier next year, and people believe that the construction of a good aircraft carrier will indicate that China's naval strength has made a breakthrough, and China has a relatively late understanding of maritime rights and interests, so it is necessary to strengthen the protection .........of our maritime rights and interests later

We can spread ocean literacy.