Since modern times,The scarcity of marine resources,Each country attaches great importance to the protection of marine rights in marine affairs、Expansion and competition,This produces the concept of marine security of the "national standard",That is, the state's marine rights and interests are not infringed or risky。The United Nations Convention on Ocean Law (hereinafter referred to as the "Convention"), which was passed in 1982), provided basic principles and seas of the waters in maintaining marine security in various countries、Ocean activity、Standard system in the aspect of the resolution of marine disputes,The foundation for international marine security and rule of law。However, with the advent of the world's unreparable change,The international marine security rule led by the Convention began to face a series of new challenges。
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First,Marine Safety Territory Start Expansion。The key areas of the previous marine security are mainly "within the scope of the national jurisdiction" and the Gonghai,The Convention also has a relatively systematic specification for the border and equity of the aforementioned sea area。In recent years,With global climate change and human cognition、Enhancement of ocean capabilities,Polarity and Deep Sea have become increasingly focusing on the focus of countries。As far as the Arctic is concerned,Its sea ice melt、Channel traffic、Resource development and other issues have an important impact on global marine security,and lack of sufficient international legal system to regulate。As far as bet365 live casino games Antarctica is concerned,The international regulations based on the basis of the Antarctic Treaty System parallel to the Convention,Sovereignty Society Cylodic State to maintain its sovereign claims related measures、Diversified Antarctic Affairs Activities such as biological exploration、The rights claims of the Antarctic waters and the definition of the protected area,All brings a series of new challenges to the international marine security rule of law。As far as the deep sea is concerned,As the mineral resources enter the substantial development stage and the passage of marine biological diversity (hereinafter referred to as BBNJ) outside the regional jurisdiction,Its resource safety and ecological security also face a series of new changes。
Next,Marine management and control methods are continuously upgraded。On the one hand, the improvement of the level of science and technology has brought a lot of new problems to marine security,The most prominent example is the comprehensive application of intelligent autonomous navigation ships and submarines (that is, "unmanned ship" and "unmanned submarine"),Both the maritime safety of the ship and the submarine aircraft itself,At the same time, it has caused maritime military security between the country、New contradictions on the security of marine information。On the other hand, the development and innovation of marine management tools,As the impact of maritime environment has become the most effective conventional management tool for current control of sea -related activities。From the attachment of the Antarctic Treaty Protection Book to the BBNJ Agreement,The compulsory force and internationalization level of environmental impact assessment continues to rise,But the system of influence evaluation of the international marine environment is not perfect,There is a possibility bet365 Play online games that the opposition and dispute between different stakeholders may cause different interests。
Last,Quickly changes in the area of marine sensitive。The Convention is passed for a long time,The Twelfth part of the Convention "Protection and Preservation of Marine Environment"、Part 13 "Marine Science Research" and the 14th part of "Development and Transfer of Marine Technology" are considered to be issues of low -sensitive areas compared to the islands and waters.,It is also the most suitable for countries to carry out marine security cooperation、The best field for winning a win -win results。But since the 21st century,The security situation in the aforementioned field is increasingly complicated,It can no longer be simply regarded as a low -sensitive field of marine safety。On the contrary,In some cases,It may also evolve into high -sensitive areas of international marine security,Even caused a major security conflict。
Challenge features and causes
Under the new situation of global marine governance,Challenges faced by the rule of law of the marine safety are comprehensive、Scientific、Hidden、Prospective Features。Comprehensiveness refers to the content of security issues that include both traditional security and non -traditional security; scientificity refers to the generation of related safety challenges and recognition、Development、The scientific and technological progress of the use of and protecting the ocean; hiddenness refers to the strategic security layout of certain marine powers behind the game of marine security in various countries,and this may constitute a hidden security threat to other countries; forward -looking refers to the actual development of many emerging fields in this field。and the relationship between marine security and the rule of law of the ocean is becoming bet365 best casino games increasingly close,Various countries participate in international marine legislation、Draw a national cooperation agreement at different levels、Domestic legislation and marine law enforcement,Determined the rights and space of various countries in marine security affairs,Has a decisive role。
Facing the aforementioned challenge,We have to face up to the "genetic defects" in the Convention and International Oceanic Law。where,Including the conventional "intercourse factors" - The "Convention" text negotiation cannot predict the rapid development of subsequent marine technology and the rapid rise of East Asia, especially China,,More importantly to examine the problems behind the values behind。As far as the Convention is concerned,Some countries believe that "marine freedom" and "marine equality",and formed the so -called international ocean "rules -based order"。but,From the perspective of its rules and practice,National Ability、Geographical endowment、Geography and historical situations have become the decisive factor of "freedom" and "equality" in the Convention of the Convention,Weak marine activity ability、Ocean rights in the country with unfavorable maritime geography and regional historical ground conditions not only have not been guaranteed from the Convention,Instead, it is further weakened,Its marine security is also facing greater pressure。In terms of so -called "rules -based order",The legal mechanism of dispute resolution is very effective,The International Oceanic Law Court established more than 20 cases for decades.,and credibility、Limited influence。
The deeper reason is that behind the aforementioned "values" is still the "national standard" concept and "camp consciousness" with strong ideology factors。An obvious example is in the field of marine security,Marine Environmental Bet365 app download Protection、Marine Science Research, etc., has become a new tool for ideological struggle。Recently, the progress of the Japanese nuclear pollution water emission incident has fully reflected this。
The strategy of responding to the international community and China
Fun Jin chasing the past,If you do not fundamentally adjust the "Convention" and the underlying logic of the international marine legal system,Its "security deficit" may be more bigger in the face of new challenges。The fundamental strategy lies in the basic concept of promoting the international marine security rule of law from "national standard" to "community -based",Respect and tolerate the "most silent" interests in international marine affairs,Realize real international cooperation in marine security affairs。
An important adjustment is that international marine rule of law is beyond the traditional "development" path of traditional marine.,Also consider the new plan of "seeking safety with development"。From the perspective of the global marine governance process now,Many countries, especially developing countries, must first accept the "rule -based order" that coincides with the strategic interests of the United States and Western.,can enjoy international public products in marine security and rights。In fact,Chinese experience in recent years,Development is still the key element that solves many problems including security,Marine development is the cornerstone of international marine safety and even effective governance。So,International Marine rule of law, especially legislation, while emphasizing the protection of the ocean,Pay attention to promoting the ability to develop and use the ocean in most countries in the world。Another adjustment is the limitations of facing legal means in maintaining international marine security,Pay attention to flexible use of dialogue、Consultation and other Bet365 lotto review traditional political means,and promote the formation of regional or field cooperation mechanisms。
China can be the leading force of reshaping the international marine order as a representative "marine disadvantaged country",It should play a core role in the change of international marine security and rule of law。China should first pay attention to the international rule of law of the concept of "Community of Human Destiny" and "Community of Marine Destiny",Put forward a specific supporting international legal system and international legislative mode in the field of marine security。Next,Calling the Western trend and restriction measures,In the key marine method, we must be able to come up with a competitive and convincing "China Plan",For example, the outstanding contribution in the BBNJ negotiation。again,Constantly improving marine science and technology and education ability,On the one hand,Occupy the dominance in the emerging field of marine science and technology development,Promoting marine scientific and technological capabilities into the right to speak and decision -making rights in marine rule of law。On the other hand,Cooperation with the majority of "Ocean Vulnerable countries",Global influence and international recognition of the Chinese concept and the rule of law plan,Therefore, leading the direction of international marine rule of law。Last,Coordinating domestic marine rule of law and foreign -related marine rule of law,Ocean comprehensive legislation as soon as possible、Antarctic Legislative Legal Legislative Legal Legislative Legislative Legislative Legislative Legislative,Cooperation in international、Outreach Enforcement、Supervision and inspection Actively carry out institutional innovation,Leading the development direction of international marine security rule of law。
(This article is the State Special Special (20VHQ001) of the National Social Science Foundation "Ocean Power Construction")
(The author is deputy dean of the School of Law of China Ocean University、Professor)
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