论军舰在领海内之无害通过权
发布时间：2019-03-12 11:08
【摘要】：无害通过权以其在领海的广泛适用,在全世界范围内发挥着举足轻重的作用。该权利同领海制度有重要关系,并随着领海制度的发展而在不断发展着。在数世纪的历史变革中,无害通过权逐渐发展成为一个国际惯例,并获得世界上大多数学者及国家实践的认可。与此同时,1958年《领海与毗连区公约》和1982年《联合国海洋法公约》也对无害通过权作了专门规定,从而将此权利法典化。然而关于无害通过权的适用对象,则历来存在争议。商船在通过领海时普遍享有无害通过权,这一点得到了广泛的认可。现存争议焦点主要集中在军舰是否也如商船般享有无害通过领海的权利。 近世以来,许多学者在军舰是否享有无害通过权的问题上阐述了自己的观点,但分歧仍然存在。同时,很多重要的国际条约对无害通过问题均有涉及,仔细分析其内容规定可以有利于对无害通过权的分析,这在本文中也会有所体现。 本文分为五章。第一章首先介绍海洋自由原则和领海制度。鉴于无害通过权同它们的重要关系,透过第一部分可以比较详细的了解无害通过从无到有的发展历程和其存在的意义。第二章为领海制度与无害通过。在本部分中,作者将通过对领海、军舰与商船差异的分析来阐述军舰是否如商船般享有无害通过领海的权利。第三章为《联合国海洋法公约》与无害通过权。本部分中,通过对《联合国海洋法公约》和有关国际法条约中对无害通过相关规定的分析,作者将阐明在现行国际法上军舰是否享有无害通过权。第四章为各国的无害通过规定和国际海洋冲突。作者将有代表性的列举一些国家关于无害通过特别是军舰无害通过的规定来尽可能全面的展现世界范围内各国的主张。同时由于意见的不同,世界上发生了一些冲突和摩擦,作者也将对其中有代表性的两个案例作着重分析。第五章为总结。在结合上述全文的基础上,作者将作出梳理并阐明的自己的观点。
[Abstract]:The right to no harm has played a very important role throughout the world by its wide application in the territorial sea. This right has an important relationship with the territorial sea system and is developing with the development of the territorial sea system. In the historical transformation of the centuries, the right to no harm is gradually developed into an international practice, and is recognized by most scholars in the world and the practice of the state. At the same time, the United Nations Convention on the Law of the Sea of 1958 and the United Nations Convention on the Law of the Sea of 1982, as well as the 1982 United Nations Convention on the Law of the Sea, also made specific provisions on the right to the use of the right to this right. However, there has always been a dispute on the application of the right to an innocent passage. The universal enjoyment of the right of innocent passage in the passage of the territorial sea has been widely recognized. The existing dispute focuses on the right of a warship to enjoy harmless passage of the territorial sea as well as merchant ships. Since the end of the world, many scholars have set forth their views on the issue of whether the warship has the right to a harmless pass, but the differences still exist. At the same time, a number of important international treaties deal with the issue of innocent passage, and carefully analyse its content provisions to facilitate the analysis of the right to no-pass, as will be seen in this article This paper is divided into three parts: Chapter I first introduces the principle of the freedom of the sea and the collar The sea system. In view of the importance of the right to the use of innocent people, the first part, through the first part, can provide a more detailed understanding of the progress of the sound and the existence of it The second chapter is the territorial sea system and the none In this part, the author states whether a warship, like a merchant, is entitled to a harmless passage of the territorial sea through an analysis of the difference between the territorial sea, the warship and the merchant. Rights of the United Nations Convention on the Law of the Sea in that light of the analysis of the relevant provisions of the United nations convention on the law of the sea and the relevant provisions of the relevant international law, the author will clarify whether the warship is environmentally sound in the current international law, Adoption of the right to adoption, chap. IV, of the Convention on the Non-Proliferation of States and the International Sea The author will have a representative list of States' provisions on the environmentally sound adoption of, in particular, the harmless of ships, as well as to the extent possible, to the extent possible, to the countries of the world At the same time, due to the different opinions, there have been some conflicts and frictions in the world, and the author will also make two cases of the representative in the world Reanalysis. Chapter V To sum up, on the basis of the above-mentioned full-text, the author will make a comb and clarify himself
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D993.5
本文编号：2438719
[Abstract]:The right to no harm has played a very important role throughout the world by its wide application in the territorial sea. This right has an important relationship with the territorial sea system and is developing with the development of the territorial sea system. In the historical transformation of the centuries, the right to no harm is gradually developed into an international practice, and is recognized by most scholars in the world and the practice of the state. At the same time, the United Nations Convention on the Law of the Sea of 1958 and the United Nations Convention on the Law of the Sea of 1982, as well as the 1982 United Nations Convention on the Law of the Sea, also made specific provisions on the right to the use of the right to this right. However, there has always been a dispute on the application of the right to an innocent passage. The universal enjoyment of the right of innocent passage in the passage of the territorial sea has been widely recognized. The existing dispute focuses on the right of a warship to enjoy harmless passage of the territorial sea as well as merchant ships. Since the end of the world, many scholars have set forth their views on the issue of whether the warship has the right to a harmless pass, but the differences still exist. At the same time, a number of important international treaties deal with the issue of innocent passage, and carefully analyse its content provisions to facilitate the analysis of the right to no-pass, as will be seen in this article This paper is divided into three parts: Chapter I first introduces the principle of the freedom of the sea and the collar The sea system. In view of the importance of the right to the use of innocent people, the first part, through the first part, can provide a more detailed understanding of the progress of the sound and the existence of it The second chapter is the territorial sea system and the none In this part, the author states whether a warship, like a merchant, is entitled to a harmless passage of the territorial sea through an analysis of the difference between the territorial sea, the warship and the merchant. Rights of the United Nations Convention on the Law of the Sea in that light of the analysis of the relevant provisions of the United nations convention on the law of the sea and the relevant provisions of the relevant international law, the author will clarify whether the warship is environmentally sound in the current international law, Adoption of the right to adoption, chap. IV, of the Convention on the Non-Proliferation of States and the International Sea The author will have a representative list of States' provisions on the environmentally sound adoption of, in particular, the harmless of ships, as well as to the extent possible, to the extent possible, to the countries of the world At the same time, due to the different opinions, there have been some conflicts and frictions in the world, and the author will also make two cases of the representative in the world Reanalysis. Chapter V To sum up, on the basis of the above-mentioned full-text, the author will make a comb and clarify himself
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D993.5
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