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Of the four seas on the edge of China, which are not inland seas, then what are they?
◎ territorial sea lǐ ngh ǐ i [territorial sea; Territorial waters] A sea area with a certain width adjacent to its coast or internal waters under the sovereignty of a coastal state. Is an integral part of the national territory. The airspace, seabed and subsoil of the territorial sea belong to the sovereign jurisdiction of coastal countries.
detailed description
(1) The sea area with a certain width from a country's coastline is a part of its territory. 1958 On September 4th, the government of China announced that the width of China's territorial waters was twelve nautical miles. (2) Possession of sea areas; Jurisdiction over oceans and borders. Qiu Jin's poem "Feeling in the Yellow Sea Boat" in the Qing Dynasty: "The territorial sea has no right to mourn Mo, and sharpening the knife is an enemy."
[Edit this paragraph] Territorial Sea-Definition
Territorial Sea 1958 "convention on the territorial sea and the contiguous zone" stipulates that the sovereignty of a country, its land territory and the sea area adjacent to its coast other than internal water are called territorial sea. The United Nations Convention on the Law of the Sea (1982) also adopted similar provisions, but added the situation of archipelagic countries, sovereignty and adjacent waters outside archipelagic waters. The sovereignty of a country also extends to the territorial sea and its seabed and subsoil. The territorial sea, once called coastal water, coastal sea, sea area and territorial sea, refers to strip-shaped marine waters parallel to the coast and with a certain distance width. According to the law of the sea, the definition of territorial sea is: "A country's sovereignty extends to its land territory beyond its internal water and the sea area adjacent to its coast, which is called territorial sea." Sovereignty refers not only to the waters, but also to the space above the territorial sea and the seabed and subsoil. The determination of "sea area" in the territorial sea involves the determination of the baseline, width and outer line of the territorial sea.
[edit this paragraph] territorial sea-territorial sea baseline
The baseline of territorial sea refers to "the coastal low tide line marked by large-scale charts officially recognized by coastal countries". However, "where the coast is extremely tortuous, or where a series of islands are close to the coast, the straight baseline method connecting all appropriate points can be used to define the baseline for measuring the width of the territorial sea." The straight baseline method is to select a series of base points from the protruding parts of the shore and some islands near the coast and connect them in turn, and the straight lines between the points are connected into a broken line along the coast. The outward width of the baseline has a development process. 18th century, limited to the distance that coastal guns can reach. At that time, the range of the gun was about 5.6km, so it was accepted by the maritime powers at that time. Then, due to the increase of gun range, countries expanded their territorial waters to more than 7 1 1.22km, but most of them used 22km. By 1972, Peru and other South American countries took the lead in expanding their territorial waters to about 370km to protect their coastal fishery resources. 1973, the first meeting of the third conference on the law of the sea was held. After nine years of arduous negotiations, the new Convention on the Law of the Sea (namely, the United Nations Convention on the Law of the Sea) was adopted at the 11th session of the Third United Nations Conference on the Law of the Sea on April 30th. After consultation, the convention adopted according to the opinions of most countries stipulates that "every country has the right to determine the width of its territorial sea until it does not exceed the limit of 22 kilometers from the baseline determined according to this convention." However, some Latin American countries still insist on 370km and have not signed this convention. The outer limit of the territorial sea is "a line whose distance from each point to the nearest point of the baseline is equal to the width of the territorial sea". The baseline of territorial sea refers to the starting line for coastal countries to delimit the outer limits of their territorial sea. Draw a certain width of the sea along this line, which is the territorial sea. In international practice, there are two kinds of territorial sea baselines: one is the low tide line, that is, the longest coastline at low tide, which is called the normal baseline. The other is the straight baseline, that is, select appropriate points on the islands at the outer edge of the continental coast and coastal coast as the base points, and then connect the adjacent base points with straight lines. The baseline formed by this series of straight lines is the straight line baseline. Draw a certain width of sea area outward from this straight baseline to form territorial sea. The sea area between the straight baseline and the land is internal water. This rowing method is suitable for places where the coastline is extremely tortuous or there are a series of islands near the coast.
[edit this paragraph] territorial sea-territorial sea width
There have been various opinions about the width of the territorial sea. /kloc-J. Rossenius, a jurist in the 0/7th century, argued in the book Maritime Law (1652) that the width of the sea area under national jurisdiction should be a "two-day voyage". In many treaties and decrees from 16 to 17 centuries, it is stipulated that the territorial sea under national jurisdiction should reach the horizon as far as the eye can see. /kloc-in the 0/7th century, H. Grotius, a Dutch international jurist, thought: "If people sailing on a part of the sea can be forced by people on the shore, then this part of the sea belongs to this land." In other words, the scope of the sea area under national jurisdiction depends on its effective control. This principle has evolved into the following formula: the width of a country's territorial sea should be based on the range of artillery. 1703, another Dutch jurist, C.van Bynkershoek, pointed out that the place where weapons power ends is the place where land power ends. At that time, the range of artillery was about one mile, that is, three nautical miles, so many people thought that the width of the coastal sea controlled by a country should be three nautical miles, thus putting forward the "three nautical miles rule". However, the range of the cannon is constantly expanding, and the idea of three nautical miles has lost its theoretical basis. On the issue of the breadth of the territorial sea, the opinions of scholars are very inconsistent with the practice of the country. According to the statement of China government on territorial waters, "the territorial waters of Chinese mainland and its coastal islands are based on the straight line connecting the base point of the mainland coast and the offshore islands, and the waters extending from the baseline by 12 nautical mile are China's territorial waters. The sea areas within the baseline, including Bohai Bay and Qiongzhou Strait, are all internal seas of China. The islands within the baseline, including Dongyin Island, Gordon Island, Mazu Islands, Baiquan Islands, Wujiao Island, Dajinmen Island, Dadan Island, Erdan Island and East Hong Kong Island, are all internal sea islands of China. " . 1982 The United Nations Convention on the Law of the Sea also stipulates the territorial sea baseline of archipelagic countries (see archipelagic countries).
[Edit this paragraph] Determination of the outer limit of the territorial sea
Determination of the outer limit of the territorial sea The outer limit of the territorial sea is a line, and the distance from each point to the nearest point on the baseline is equal to the width of the territorial sea. There are several ways to delimit the outer limits of the territorial sea:
① Intersection method.
When the baseline of the territorial sea is a low tide line, a series of intersecting semicircles can be drawn outward with some points on the baseline as the center and the width of the territorial sea as the radius, and the line formed by connecting the vertices of each semicircle is the outer limit of the territorial sea. The territorial sea ② * * * Same tangent method.
When the baseline of the territorial sea is a straight baseline, a series of semicircles can be drawn outward with each base point as the center and the width of the territorial sea as the radius, and then the tangent of every two semicircles can be drawn. Each such tangent is a straight line parallel to the baseline, and its distance from the baseline is equal to the width of the territorial sea. These tangents are connected together to form the outer limit of the territorial sea. Territorial Sea ③ Parallel Line Method.
When the baseline of the territorial sea is the low tide line, the points on the baseline will move outward parallel to the general trend of the coast according to the distance of the territorial sea width, so that the outer limit of the territorial sea is completely parallel to the baseline.
[edit this paragraph] territorial sea-legal system
(1) passed harmlessly.
The territorial sea is a part of the territory of coastal countries and belongs to the sovereignty of coastal countries. However, in the territorial sea of a country, foreign ships enjoy the right of innocent passage. "Passage" refers to navigation through the territorial sea for the following purposes: First, crossing the territorial sea without entering the internal waters or staying at berths or port facilities outside the internal waters. The second is to sail to or out of the territorial sea or dock at such berths or port facilities. Adoption should be carried out without interruption and quickly. Passage includes suspension and anchoring, but only if it is incidental to normal navigation, or necessary due to force majeure or distress, or to rescue people, ships or aircraft in distress or distress. Conditions for the right of innocent passage: First, the passage of foreign ships through the territorial sea must be innocent. "Harmless" means not harming the peace, good order or security of coastal countries, nor violating the rules of international law. According to 1982 United Nations Convention on the Law of the Sea, acts endangering the peace, good order and security of coastal countries include: illegal use of force, military exercises, collection of defense information of coastal countries, propaganda acts that affect the security of coastal countries, taking off and landing aircraft on ships, launching or landing military devices, intentionally polluting the sea, illegally fishing, conducting research or measurement activities, and interfering with the communication system of coastal countries. Second, when foreign ships pass through a country's territorial waters, they should abide by the relevant laws and regulations of coastal countries, such as customs, finance, immigration, health, navigation safety, marine living resources conservation, environmental protection, scientific research and measurement. The territorial sea statement issued by the China government clearly stipulates: "Any foreign ship sailing in the territorial waters of China must abide by the relevant laws and regulations of People's Republic of China (PRC)." Neither the convention on the territorial sea and the contiguous zone of 1958 nor the United Nations Convention on the Law of the Sea of 1982 stipulates that warships do not enjoy the right of innocent passage, but many countries impose certain restrictions on the passage of warships in territorial waters, such as limiting the number or tonnage of ships passing through each time, or requiring prior notice or prior permission. China's territorial sea statement and 1992 territorial sea and its adjacent areas all point out that no foreign aircraft or military vessels are allowed to enter China's territorial sea and its airspace without People's Republic of China (PRC)'s permission.
2 jurisdiction.
According to the territorial advantage of the country, all countries have the right to exercise jurisdiction over all criminal acts that occur in their territorial waters, including criminal acts that occur on foreign ships. However, in practice, whether to exercise criminal jurisdiction over crimes committed by foreign merchant ships in territorial waters is mostly considered by countries from whether the crimes involve their own security and interests. Coastal countries can exercise more full criminal jurisdiction over foreign ships that pass through territorial waters after leaving internal waters. Coastal countries usually take a non-interference attitude towards civil cases on foreign ships that only pass through their territorial waters. There has never been an internationally unified territorial sea width in history. The width of the territorial sea of all countries in the world is determined by each country. On July 1973, the delegation of People's Republic of China (PRC) proposed to the Third United Nations Conference on the Law of the Sea: "Coastal countries have the right to reasonably determine the width and scope of their territorial waters according to their own geographical characteristics, economic development and national security needs, taking into account the legitimate interests of neighboring countries and the convenience of national navigation." In fact, the width of the territorial sea declared by various countries is 3 nautical miles (24 countries including Britain, the United States, Belgium and the Netherlands), 4 nautical miles (2 countries including Norway and Finland), 6 nautical miles (4 countries including Turkey and Greece) and 12 nautical miles (China, the Soviet Union, France, India, Indonesia, Pakistan, Thailand, Algeria, Egypt, Zaire, 50 nautical miles (Madagascar, Tanzania, Cameroon, Gambia), 70 nautical miles (Mauritania), 100 nautical miles (Senegal), 200 nautical miles (Argentina, Brazil, Peru, Sierra Leone, Benin, etc. 14 countries) and other different widths. According to1People's Republic of China (PRC) government's statement on territorial sea on September 4, 958, "the width of People's Republic of China (PRC)'s territorial sea is 12 nautical mile. These Provisions shall apply to all the territories of People's Republic of China (PRC), including Chinese mainland and its coastal islands, and Taiwan Province Province and its surrounding islands, Penghu Islands, dongsha islands, Xisha Islands, zhongsha islands, Nansha Islands and other islands belonging to China, which are separated from the mainland and its coastal islands by the high seas. 1982 The United Nations Convention on the Law of the Sea stipulates that "every country has the right to determine the width of its territorial sea", but it limits its maximum scope, that is, "the boundary of 12 nautical mile from the baseline determined in accordance with this Convention".
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