212 Judicial Examination: The Law of the Sea.

1. Inland sea and related systems (familiar with)

(1) Inland sea and related systems

1. Territorial sea baseline (normal baseline and straight baseline)

2. Inland sea (the sea area within the territorial sea baseline, including inland sea, inner bay, inner strait and other coastal areas). The state has complete jurisdiction over the inland sea and its resources; Foreign ships shall not enter the inland sea without the consent of the coastal state; If you are allowed to enter, you must enter the designated open port and abide by the relevant laws.

(2) Inner Bay (24 nautical miles), Historic Bay (such as Bohai Bay) and Inner Strait (such as Qiongzhou Strait)

3. Port system

II. Territorial sea and its adjacent areas

(1) Territorial sea and its territorial sea system (familiar)

. The territorial sea baseline of the People's Republic of China is a straight line baseline

Landlocked countries have no territorial sea, and coastal countries have sovereign jurisdiction and control over their territorial waters, airspace and subsoil

Territorial waters are part of the national territory, and territorial waters, airspace and subsoil are under the sovereign jurisdiction and control of coastal countries. Foreign ships enjoy the right of innocent passage in territorial waters.

2. The right of innocent passage means that foreign ships have the right of continuous navigation through their territorial waters without prior notice or permission from the coastal countries under the condition of not damaging the peace, tranquility and normal order of the coastal countries.

(1) Innocent passage can be sailing out into the internal water, or it can just cross the territorial sea without entering the internal water

(2) Innocent passage is a right owned by any country, and coastal countries should not hinder it

(3) Continuous and rapid passage, and no berthing or anchoring is allowed. Unless force majeure, distress and rescue

(4) Submarines and other submersibles must surface and display their flags when passing through territorial waters

(5) Twelve harmful acts

① Threatening or using force against the sovereignty, territorial integrity or political independence of coastal countries, or in any other way that violates the principles of international law embodied in the Charter of the United Nations.

② Conduct any drill or exercise with any kind of weapons;

③ Any act whose purpose is to collect information and damage the defense or security of coastal countries;

④ any propaganda activities aimed at affecting the defense or security of coastal countries;

(5) take off and land on the ship or pick up any aircraft;

⑥ Launch, land or pick up any military device on the ship;

⑦ Violating the customs, finance, immigration or health laws and regulations of coastal countries, getting on or off any goods, currency or personnel;

⑧ Any intentional and serious pollution in violation of the provisions of this Convention;

pet-name ruby any fishing activities;

attending scientific research or measurement activities;

⑾ any behavior aimed at interfering with any communication system or any other facilities or equipment of the coastal state;

⑿ Any other activities that are not directly related to passage

3. Criminal jurisdiction

(1) The coastal state shall not exercise criminal jurisdiction over foreign ships passing through the territorial sea to arrest anyone involved in any crime committed on board during the passage of the ship or to conduct any investigation related to the crime, unless:

② The crime is of the nature of disturbing the local peace or the good order of coastal countries;

③ Ask the local government for assistance through the captain or the diplomatic representative or consular officer of the flag country;

④ Necessary for banning illegal trafficking in narcotic drugs or psychotropic substances

(2) Coastal countries can exercise more adequate criminal jurisdiction over foreign ships passing through territorial waters after leaving internal waters

4. Civil jurisdiction

(1) The navigation of a foreign ship passing through territorial waters should not be stopped or its course changed for the purpose of exercising civil jurisdiction over someone on it.

(2) The ship shall not be executed or arrested for any civil litigation purpose, unless it involves the navigation of the ship itself through the waters of the coastal state or the obligations or debts undertaken for the purpose of such navigation

(3) The provisions in the preceding paragraph shall not prevent the coastal state from pursuing any civil litigation purpose in accordance with its laws. And the right to execute or arrest foreign ships passing through the territorial waters after berthing in the territorial waters

(II) Adjoining zone and related systems (familiarity)

1. Adjoining zone is not a national territory, and the state does not enjoy sovereignty over it, but it can exercise certain control rights (excluding the airspace above the adjoining zone); After the establishment of the exclusive economic zone by the state, the contiguous zone is first part of the exclusive economic zone, but the control right is different from the exclusive economic zone: (1) to prevent the violation of customs, finance, immigration and health laws and regulations in its territory or territorial waters;

(2) Punishing acts that violate the above-mentioned laws and regulations in its territory or territorial waters

2. The contents of China's system for territorial waters and adjacent areas are basically consistent with UNCLOS, and foreign military vessels pass through China's territorial waters. It must be approved by the government of China

III. Exclusive economic zone and continental shelf (familiar with)

(1) Exclusive economic zone and its legal system

The baseline of the territorial sea does not exceed 2 nautical miles

Coastal countries do not enjoy territorial sovereignty over the exclusive economic zone, but only enjoy certain sovereign rights stipulated in the convention

. The exclusive economic zone is not a natural right, and it needs the state to declare its establishment in some form and explain its width; The system of exclusive economic zone does not affect the legal status of its airspace and subsoil.

(1) Coastal countries have the sovereign right to explore, develop, conserve and manage the natural resources of the seabed and subsoil and their overlying waters, as well as to engage in economic development and exploration (including biological resources and non-biological resources) in this area;

(2) Coastal countries have jurisdiction over the construction and use of artificial islands and facilities, as well as marine scientific research and marine environmental protection.

(3) Other countries in this area enjoy freedom of normal navigation and overflight, freedom of laying submarine cables and pipelines, and other legitimate uses related to these freedoms.

2. Coastal countries can exercise boarding, inspection, arrest and judicial procedures

3. When taking measures against illegal acts of foreign ships, foreign ships should be released promptly after providing guarantees; Only violation of fishery laws and regulations, not imprisonment or corporal punishment; Measures and penalties shall be notified to the flag state (in 28)

(II) Continental Shelf and its system

1. The principle of natural extension and the principle of distance (the baseline of the territorial sea is 2 nautical miles)

Coastal countries do not enjoy territorial sovereignty over the continental shelf. However, it enjoys some exclusive sovereign rights

The coastal state's right to the continental shelf does not depend on effective or symbolic occupation or any explicit announcement

The right to the continental shelf does not affect the legal status of the waters above it

The coastal state does not have territorial sovereignty over the continental shelf, but enjoys some exclusive sovereign rights; The rights of coastal States over the continental shelf do not depend on effective or symbolic occupation or any express announcement; The right to the continental shelf does not affect the legal status of the waters overlying it or the waters above it.

(1) Coastal States have the sovereign right to explore and develop their natural resources on the continental shelf;

(2) Coastal States have the exclusive right to build and use artificial facilities on the continental shelf and the exclusive jurisdiction over these facilities;

(3) The exercise of the rights of the coastal state shall not infringe upon the navigation and other legitimate rights of other countries or cause undue interference;

(4) All countries have the right to lay cables and pipelines on the continental shelf of other countries, but the delineation of their routes must be approved by the coastal countries, and the existing cables and pipelines should be taken into account and not damaged;

(5) Coastal countries should go through the International Seabed Authority to develop the non-living resources on the continental shelf beyond 2 nautical miles and pay a certain fee or kind, and developing countries can be exempted from paying the fee under certain conditions

2. The continental shelf and exclusive economic zone of coastal countries overlap in rights and regions. However, the two cannot completely replace each other

IV. High seas regime and international seabed area (familiar)

(1) High seas and high seas regime

1. The high seas refer to all sea areas excluding the exclusive economic zone, territorial sea or internal water of a country or the archipelagic waters of an archipelagic country. The part of the ocean that is not under the jurisdiction and control of any national sovereignty is open to all countries, including coastal countries and landlocked countries.

The high seas do not belong to the territory of any country, and the state shall not exercise jurisdiction over the high seas itself or territorial jurisdiction within the high seas

2. Freedom of the high seas includes six freedoms, namely, freedom of navigation, freedom of overflight, freedom of laying submarine cables and pipelines, freedom of fishing, freedom of building artificial islands and facilities, and freedom of scientific research

3. Ships sailing on the high seas must and only. Sailing with flags of two or more countries or switching to flags as convenient, Can be regarded as a stateless ship

4. Jurisdiction on the high seas

(1) jurisdiction of the flag state (ships on the high seas are under the exclusive jurisdiction of their flag state)

(2) universal jurisdiction (piracy, illegal broadcasting, prevention and prohibition of slave trafficking and drug trafficking)

(3). It refers to a country's warships, military aircraft or other government ships or aircraft that are officially authorized and clearly marked and identifiable. Foreign ships (except warships) on the high seas have the right to board and inspect and take relevant measures when they have reasonable grounds to believe that they are engaged in illegal situations listed in the United Nations Convention on the Law of the Sea. These illegal situations are: pirates; Slave trafficking; Illegal broadcasting; The ship is stateless; Although the ship flies a foreign flag or refuses to display the flag, it actually belongs to the same nationality as the warship.

The right of hot pursuit means that a coastal state has the right to chase foreign ships that violate its laws and regulations and sail to the high seas from the sea area under its jurisdiction. Rules for coastal countries to exercise the right of hot pursuit: ① hot pursuit can only be carried out by warships, military aircraft or government ships or aircraft that are officially authorized and clearly identifiable; (2) hot pursuit can start in a country's domestic water, territorial sea, contiguous zone or exclusive economic zone, and can only continue outside the territorial sea if the pursuit has not been interrupted; (3) hot pursuit can be pursued into the high seas until it is caught up and measures are taken according to law, but it must be continuous; (4) The right of hot pursuit shall be terminated immediately when the hot pursuit ship enters the territorial waters of its own country or a third country.

(II) International seabed area system

1. The international seabed area and its natural resources are the common heritage of mankind. No country may claim sovereignty and exercise sovereign rights over any part of the international seabed area or its resources, and no country or natural person or legal person may take any part of the area or its resources as its own.

2. All rights to resources in the international seabed area belong to all mankind, and the International Seabed Bureau manages them on behalf of all mankind

3. The "parallel development system" is adopted for the development of resources in the area.