Understanding Maritime Military Operations within the Framework of International Law and Education
Military Operations under International Law and Education
Keywords:
Military, United, Nations, Convention, Law, Sea, DisputesAbstract
Maritime military activities are an important part of maritime activities between countries. The United Nations Convention on the Law of the Sea has established a standardized mechanism for the settlement of maritime disputes between countries, but it has not clearly defined maritime military activities, and the ambiguity of this issue has become a legacy of the Convention. In the existing international judicial practice, the criteria for judging military activities are inconsistent, and there have been many disputes in related maritime disputes, reflecting the realistic dilemma in the identification of military activities. Today, when high and new technologies are continuously put into marine activities, the confusion between military activities and related marine activities has posed a great challenge to this vague provision. Combined with the existing cases of international judicial practice, when identifying maritime military activities, the regional situation and background at the time of the incident should be taken into consideration, and attention should be paid to whether the behavior mode exceeds the principle of “necessary and reasonable”, and the civil subject and the military-related subject should be distinguished at the object level.
References
Liu Mei: The Definition of Maritime Military Activities and the “Grey Zone Action” in the South China Sea, International Security Research, No.3, 2021.
Jianghe: On the Fragmentation and Openness of International Law on Military Activities Regulation —— From the Case of Ukrainian Ship Arrest, Law, No.9, 2020.
Zhang Shizhen: On the Subject Benchmark of Military Activities in the United Nations Convention on the Law of the Sea, No.3, Asia-Pacific Security and Ocean Research, 2020.
Yang Peng: Identification of “Military Activities” under the United Nations Convention on the Law of the Sea from the Kerch Strait Incident, China Ocean Law Review, No.1, 2020.
Gao Jianjun: “Exceptions to Military Activities” in Article 298 of the United Nations Convention on the Law of the Sea —— Comment on the Interim Measures Order of the International Tribunal for the Law of the Sea in the Case of Detention of Three Ukrainian Navy Ships, International Law Research, No.6, 2019.
Wang Jia: A Study on Compulsory Mediation in Timor Sea, Journal of Dalian Maritime University (Social Science Edition), No.1, 2019.
Hong Nong: The United Nations Convention on the Law of the Sea: Assistance and Resistance in the Settlement of Disputes in the South China Sea, Asia-Pacific Security and Ocean Research, No.6, 2018.
Huang Ying: Study on Arbitration Jurisdiction of Territorial Mixed Disputes in the United Nations Convention on the Law of the Sea, No.4 International Law Review of Wuhan University, 2018.
Yang Wenlan: The First Case of Compulsory Mediation under the United Nations Convention on the Law of the Sea-A Review of the Compulsory Mediation between East Timor and Australia, International Law Research, No.3, 2018.
Wang Junmin: On the Jurisdiction of the Arbitral Tribunal over the South China Sea Dispute between China and the Philippines from the Historical Ownership Dispute Settlement System, Rule of Law Research, No.3, 2018.
Wang Xiaojun: Analysis of Legal Fallacy of South China Sea Arbitral Awards-Historical Rights and Identification of Rocks, Journal of Zhejiang University (Humanities and Social Sciences Edition), No.2, 2018.
Lei Xiaolu, Yu Minyou: Criticism of International Law on the Award of Historical Rights in the South China Sea Arbitration Case, No.2, International Studies, 2017.
Ma Xinmin: Comments on the arbitral procedure of the South China Sea Arbitration Case in the Philippines, Journal of Social Sciences of Jilin University, No.2, 2017.
Qu Bo, Liang Yun: The Application of the United Nations Convention on the Law of the Sea under the Enforcement of Maritime Rights Protection —— Comment on the 13th Arbitration Request Award in the South China Sea Arbitration Case, Journal of the Pacific, No.2, 2017.
Huang Jingwen, Huang Yao: Comments on Jurisdiction of Historical Claims in South China Sea Arbitration Cases, Journal of the Pacific, No.1, 2017.
Liu Dan: On the Optional Exception of Article 298 of the United Nations Convention on the Law of the Sea —— Comment on Jurisdiction in the South China Sea Arbitration, International Law Studies, No.6, 2016.
Gao Fei: “On the illegal ultra vires jurisdiction of the South China Sea arbitration case-also on the legitimate position and strategy of the China government's” not accepting and not participating “(1)”, Time Law, No.5, 2016.
Guan Jianqiang: Research on the Key Issues in the Follow-up Legal Response to the South China Sea Arbitration Case, China Law, No.5, 2016.
Yang Ying: “The influence of the strait system used for international navigation on peacetime maritime military activities”, Time Law, No.4, 2016.
Song Ke: Study on the Jurisdiction of the Arbitral Tribunal in Annex VII of the United Nations Convention on the Law of the Sea on the Mixed Disputes Involving Territorial Sovereignty Disputes —— Legal Analysis and Its Impact on the South China Sea Arbitration between China and the Philippines, China Maritime Law Research, No.2, 2016.
Tan Zhongzheng: The Legal Status of the “Historical Right Source” in the United Nations Convention on the Law of the Sea: A Comment on the Related Claims of the Philippines in the South China Sea Arbitration Case, International Law Research, No.3, 2016.
Zhang Lei: On the Jurisdiction over the Source of Rights in the South China Sea Arbitration Request of the Philippines, Politics and Law, No.4, 2016.
Luo Guoqiang: Comments on the Preliminary Award of the South China Sea Arbitration Case, foreign affairs review (Journal of Foreign Affairs University), No.2, 2016.
Zhang Xinjun: Jurisdiction over the Interrupted Line Arbitration Claim in the South China Sea —— Exclusion and Maritime Rights Dispute under Article 298: 1 (a) (i) of the United Nations Convention on the Law of the Sea, International Law Research, No.2, 2016.
Xie Qiong: Analysis of the Possible Impact of the Polar Dawn Case on the South China Sea Arbitration Case, China Maritime Law Research, No.4, 2015.
Li Zhiwen, Mi Chenxi: Arbitration of Annex VII of the United Nations Convention on the Law of the Sea, Social Science Journal, No.6, 2015.
Yang Ying: The Impact of International Law of the Sea on Peacetime Maritime Military Activities, Journal of Xi 'an Political College, No.5, 2015.
Sun Liwen: The Compulsory Dispute Settlement Mechanism of UNCLOS and Its Significance to the Settlement of Maritime Disputes in China, foreign affairs review (Journal of Foreign Affairs University), No.4, 2014.
Wang Chongmin: The Relationship between the Relevant Understanding of the Philippines and the Jurisdiction of the South China Sea Dispute between China and the Philippines, Journal of henan university of economics and law, No.4, 2014.
Mao Junxiang: Political and Legal Analysis of the Filipinos Submitting the South China Sea Dispute to International Arbitration, Law Review, No.2, 2014.
Wang Jianting: Freedom and Limitation of Maritime Military Activities-Based on the Investigation and Analysis of the United Nations Convention on the Law of the Sea, Journal of Nanjing Normal University (Social Science Edition), No.1, 2012.
Sun Liwen: The Dispute Settlement Mechanism of the Law of the Sea and the Choice of China's Maritime Dispute Settlement Policy, Journal of the Pacific, No.9, 2011.
Wu Hui: Practical Analysis of Legal Methods to Solve International Maritime Disputes, Xiamen University Law Review, No.2, 2003.
United Nations Convention on the Law of the Sea, Ocean Press, 1996.
Case Concerning the Detention of Three Ukrainian Naval Vessels (Ukraine v. Russian Federation), Provisional Measures, Order of May 25, 2019, ITLOS Case No. 26.
Award on Jurisdiction and Admissibility of Arbitration between the Republic of Philippines and the People Republic of China, 2016.
Moudachirou Djibril, Does a Sovereign State Immunity Say More than We Think: ITLO's Decisions in Ara Libertad Case, Journal of Law, Policy and Globalization, Vol.37, 2015.
Nong Hong, UNCLOS and Ocean Dispute Settlement: Law and politics in the South China Sea, Nordic Journal of International Law, Vol. 83, 2014.
John Norton Moore, Jus ad Bellum Before the International Court of Justice, Virginia Journal of International Law, Vol. 52, 2012.
The “ARA Libertad” Case (Argentina v. Ghana), Provisional Measures, ITLOS, Order of 15 December 2012.
Natalie Klein, Maritime Security and The Law of The Sea, Oxford University Press, 2011.
US. Senate Committee on Foreign Relations, Ex. Rept. 108-10 - United Nations Convention on the Law of the Sea, 108th Congress ,2003-2004, 2nd Session.
Bernard Oxman, “Complementary Agreements and Compulsory Jurisdiction”, American Journal of International Law, Vol. 95, 2001.
Alan E. Boyle, “Dispute Settlement and the Law of the Sea Convention: Problems of Fragmentation and Jurisdiction”, The International and Comparative Law Quarterly, Vol. 46, 1997.
J. Ashley Roach, Marine Scientific Research and The New Law Of The Sea, Ocean Development and International Law, Vol. 27, 1996.
Boleslaw A. Boczek, Peaceful Purposes Provisions of the United Nations Convention on the Law of the Sea, Ocean Development and International Law, Vol.20, 1989.
A. O. Adede, The system for Settlement of Disputes under the United Nations Convention on the Law of the Sea: A Draft History and a Commentary, Ocean Development and International Law, Vol.19, 1988.
Mark, W, Janis. Dispute settlement in the law of the sea convention: The military activities exception. Ocean Development and International Law, Vol.4, 1977.
D.P. O’Connell, International Law and Contemporary Naval Operations, British Year book of International Law, Vol.44, 1972.