China is a big landlocked country,Also a big coastal country。Due to the fact that most of China’s border troubles in ancient times came from the north,Therefore some people think that China has neglected coastal defense for a long time,Failed to form a clear territorial awareness。In their opinion,China’s territorial awareness gradually emerged with the Opium War,The concept of bet365 voucher is completely imported。This view is not accurate。In fact,The emergence of Chinese bet365 voucher awareness,especially its practice,Not later than Western European countries。Therefore,We need to adopt a global perspective,Observing the emergence of offshore management systems in China and the West。
The formation of “high seas” and “bet365 voucher seas” in Europe and the United States
From 1608 when Grotius published "On the Freedom of the Sea" to 1911,This is an era when the concepts and systems of "bet365 voucher" and "high seas" in Europe and the United States are gradually taking shape。
After the discovery bet365 voucher "New World",Spain and Portugal engage in fierce dispute over control of seas。In order to resolve the dispute between the two countries,Pope Alexander VI issued a bull in October 1493,Designates a meridian in the Atlantic Ocean as the boundary for the exercise of power between the two countries,Without the permission bet365 voucher controlling country,Ships from other countries are not allowed to sail in these waters。On the basis of this edict bet365 voucher Pope,西、Bargaining between Portugal and China,The Treaty of Tordesillas was signed on June 7, 1494。1592,The two countries signed the Treaty of Zaragoza,Drew a line in the Pacific Ocean (bounded by the 17th parallel east bet365 voucher Maluku Islands),Divides the two countries’ spheres of influence in the Pacific。
For the West、The above treaty concluded by Portugal,The Dutch expressed strong dissatisfaction。In order to oppose the West in theory、Portugal’s possession of the world’s oceans,1608,The famous Dutch jurist Grotius in "On the Freedom of the Sea",Clearly put forward the principle of freedom of the sea。He thinks,Any country、No one has the right to possess the common wealth of mankind,Navigation rights cannot become anyone’s private property,"Free navigation for all persons in accordance with international law"。From this,Western European academic circles have begun theoretical discussions on freedom of navigation and high seas issues。1613,Italian jurist Gentilis proposed in the book "Spanish Debate",Coastal countries have jurisdiction over adjacent waters,Coastal waters are an extension of national territory。This is the first time that the concept of "territorial waters" has been clearly proposed in international law。1618,The British scholar Selton pointed out in "On the Closed Sea",The coastal waters are not a shared product,Should be an inseparable and permanent appendage of the coastal country,Same as land,Can become private territory or property,The British monarch should occupy the sea areas surrounding Britain。Although he advocates that coastal states have exclusive jurisdiction over offshore waters,But it also recognizes the principle of freedom of navigation on the high seas。1625,Grotius revised his opinion,Recognize the exercise of control by coastal states over those parts of coastal waters over which they have direct control。This has become, to a certain extent, the theoretical basis for the dichotomy of the “high seas” and “bet365 voucher” systems。So,European jurists have initially established the principle that freedom of navigation on the high seas and coastal waters belong to territorial waters,The dichotomy of the ocean is then established。
But,People have different opinions on the width of territorial waters,Unable to agree on one thing。At that time,There are three ideas that have great influence in Europe: one is the aforementioned Grotius’s “power control theory”;The second is "the theory of sight";The third is the "cannon range theory" (also known as the "3 nautical mile principle")。European countries are discussing bet365 voucher issues,Some people have proposed that the width should be based on the range that people on the shore can see。This so-called "sight-reaching theory" was very influential in the 17th and 18th centuries,And by decree of the King of Denmark in 1691、Quoted and interpreted in the 1740 Agreement between the Pope and the King of Naples。If only the effect of the curvature of the earth is considered,For standing at an altitude of zero meters, height 1.For someone who is 8 meters tall,The farthest sea level that he can see is about 4.6 kilometers (about 2.5 nautical miles)。However,The location of the Coast Guard is different,The height of the observation position directly affects the distance of the observation。If a lookout stands on a coastal fort 15 meters above sea level and looks out,The farthest sea level it can see can reach 14.6 kilometers。18th century,The height of a traditional ketch from the waterline to the top of the mainmast is approximately 118 feet (approximately 36 meters)。If we calculate based on the ship height of 30 meters,And consider the effect of the curvature of the earth,Then,34 kilometers away,The top of the ship's mast can be seen by the coast watcher。It is difficult to determine the distance reached by vision,Therefore it cannot become a recognized standard for the width of territorial waters。
Most European scholars focus on “strength control”,Gradually admit the "cannon range theory"。1703,Dutch jurist Binks Hooker clearly divided the ocean into two parts in his book "On Maritime Sovereignty",That is, the high seas and territorial waters。He pointed out,Territorial waters belong to the jurisdiction of coastal countries,The high seas do not belong to any country。He started from the perspective of preventing enemy invasion from the sea,Proposing “Where the Power of Weapons Ends,That is where land power ends”。In other words,The width of the bet365 voucher shall be based on the range of coastal artillery。Therefore,The "cannon range theory" was obtained by the British、Spain、Recognized by scholars from Denmark and other maritime powers。But before 1800,The international community has not yet formed a unified understanding of this,European countries all go their own way when declaring the width of their territorial waters。
1745,The King of Denmark was the first to declare a settlement 1 league from the coast (equivalent to 3.45 miles,5500 meters) exercise jurisdiction over the sea area。Afterwards,Sweden、Norway、Finland、Iceland has announced a bet365 voucher width of 4 nautical miles。Spain from 1760,has always claimed that the width of its territorial waters is 6 nautical miles。1782,Based on the fact that the range of artillery at that time was usually 3 nautical miles, the Italian jurist Galliani proposed that the width of the territorial waters of all countries should be limited to 3 nautical miles,The “3 nautical mile principle”。This proposition not only safeguards the coastal security interests of coastal countries and the rights to use and control the ocean within a certain range,At the same time, it does not hinder the freedom of navigation of all countries beyond 3 nautical miles,Thus recognized by many countries。1793,The United States officially announced that the width of its territorial waters is 3 nautical miles。Afterwards,Russia、UK、France、Germany、Japan、Netherlands、Belgium has successively announced that the width of its territorial waters is 3 nautical miles。At the same time,All countries recognize the sovereignty of coastal states and their territorial waters and airspace、Sea bed and subsoil。Commercial ships from other countries can enter other countries’ territorial waters,But it must pass harmlessly,That is, the order and security of coastal countries must not be harmed。The right of innocent passage does not apply to submarines traveling underwater,Does not apply to later aircraft,Does not include fishing rights。19th century,Due to the improvement of cannon casting technology,Its range continues to expand,The "3 nautical mile principle" gradually loses its theoretical basis,The opinions of scholars from various countries are not completely consistent with government regulations。
Currently,The width of territorial waters declared by most countries in the world is within 12 nautical miles。The bet365 voucher line is parallel to the bet365 voucher baseline,It is a dividing line extending outward to a certain distance from the bet365 voucher baseline specified by the country。The bet365 voucher baseline is the starting line for coastal states to determine the width of their bet365 voucher,There are three main ways to determine the bet365 voucher baseline。One is the low tide line,That is, the farthest coastline where the tide recedes,Become a normal baseline。The second is the straight baseline,That is, determine an appropriate point on the mainland coast or the extended coastal island line as the base point of the bet365 voucher,Then connect adjacent points with straight lines,Constructing a straight line of territorial waters。The third is the baseline of the islands,Use the straight lines at the points on the outer edges of the islands and dry reefs that comply with the provisions of the United Nations Convention on the Law of the Sea as the straight baseline。
bet365 voucher’s jurisdiction over “internal oceans” and “outer oceans”
The emergence and sublimation of ideology can be preserved in the writings of thinkers,Can also be preserved in political and legal systems through practice。The consciousness preserved in the writings may be lost as the writings are lost,The ideas preserved in the political system will leave more lasting genetic information。here,We focus on the concept of bet365 voucher preserved in the coastal defense system of the Qing Dynasty。
While European and American countries are gradually forming the concept of bet365 voucher and high seas,The Qing Dynasty also administered the coastal waters、Military and judicial control。After unifying Taiwan in 1684,The Qing Navy established the cruise system。According to the "Rules and Regulations of the Imperial Qing Dynasty": It was agreed in 1689 that the Navy Chief Officer would not personally go abroad to supervise the officers and soldiers on patrol,Removed according to avoidance rules。However,From historical data,At that time, the boundaries between the inner and outer oceans had not yet been clearly demarcated。1717 was the division of the inner ocean、Important time nodes overseas。This is the year,Fan Shichong, the imperial censor of Zuodu, suggested easing the punishment of civil servants after the disaster on the ocean surface。He thinks,Merchant ship robbed overseas,Navy officials responsible for ocean security should be held accountable,Instead of referring to civil officials。Because the ocean is far away from the coast,Beyond the jurisdiction of civilian officials。Ministry of War officials think this suggestion is reasonable,The inner and outer oceans should be clearly divided、Boundaries of overseas countries,In order to distinguish the responsibilities of civilian officials and military attachés。Emperor Kangxi approved this suggestion。1724,Zhejiang has established the internal and external ocean boundaries under the jurisdiction of various coastal camps。However,Dividing the Inner Ocean、Overseas is a gradual process。If it is marked by drawing internal and external maps,The project was completed in 1736。
In "Guangdong General Chronicles" and "Guangdong Coastal Defense Review" compiled during the Daoguang period,Reserved two sets of maps about the internal and external oceans。Due to lack of precise measurement data,Not drawn strictly to scale,It is difficult for future generations to read these two sets of maps。Nevertheless,We see from these two sets of maps and related literature,The division between Guangdong’s internal and external areas is relatively clear、Comparatively systematic。The baseline bet365 voucher inner ocean is the coastline,The second is to establish government governance、Island shorelines of government and county islands;Neiyang、The boundary line bet365 voucher outer ocean is a line connected by points moving parallel to the coastline,Or with the establishment of a government、A line connecting the parallel moving points bet365 voucher coastlines bet365 voucher government and county islands,The width is about 5 kilometers (roughly equivalent to the visual range of a lookout post standing at zero degrees sea level);The offshore seaway is the outer edge bet365 voucher ocean。Because the offshore seaway is the customary route for sailing ships,It is naturally not parallel to the coastline and island coastline,Therefore,The distance between the outer edge bet365 voucher ocean and the coastline and island shoreline is irregular,The nearest one is dozens of miles,Hundreds of miles away。
Just like Guangdong Province,All coastal provinces divide the coastal waters into internal and external oceans,And made into foreign pictures,Provided to coastal officials and civilians and naval officers and soldiers。1849,Lu Jianhui, the governor of Liangjiang, once pointed out in his report to investigate the responsibility of the naval officers and soldiers for the accident: "Ocean accident,The example shall be based on the report of the victim and the foreign maps of the camp,In the ocean map, red lines are drawn where the two camps meet and where the inner and outer oceans are separated。Once designated by the owner,No excuses are allowed。”Visible,Internal and external ocean maps drawn by coastal provinces in the early Qing Dynasty,Not only the red line marks the clear boundary between the internal and external oceans,And marked the patrol areas for naval officers and soldiers at all levels。This model of "strength control" of offshore waters by offshore naval forces,is the main method used by the Coast Guards of modern countries to control bet365 voucher,Far more realistic than the "cannon range theory"。
In the Qing Dynasty, state agencies established offshore naval forces to control the internal and external seas,Consciously or unconsciously followed the principle of freedom of navigation。According to regulations,Foreign merchant ships are not subject to any restrictions when sailing in the ocean outside the jurisdiction bet365 voucher Navy;As for foreign merchant ships sailing in the internal and external oceans under China’s jurisdiction,Not only free,And protected and rescued by naval warships。Clearly stipulated during the Yongzheng period,"Overseas barbarian navigation and trade,Sudden encounter with the wind,Zhouji failed,Fortunate to the inner ocean、Coaster,Order the governor to supervise and order the subordinate officers to be more careful and fusui,Reward grain storage,Complete repairing the boat”。Stipulated at the same time,Foreign warships are not allowed to enter the inner ocean,Especially for foreign warships that provoke trouble and violate China’s sovereignty,Take firm measures,Expelled。Jiaqing、Daoguang Period,Piracy is rampant,Foreign warships use the excuse to protect merchant ships,Began to frequently arrive at the oceans inside and outside China’s jurisdiction。Multiple orders from the Qing court,Foreign merchant ships and warships are not allowed to berth overseas in China,Foreign warships are not allowed to enter China’s internal waters。For example,1814,The Governor of Guangdong and Guangxi, Jiang Youzhu, reports on the Sino-foreign trade situation in Guangzhou,"Recently, the British cargo ships have not complied with the order,Moored overseas,Dare to sail to Humen,The deceitful situation,Very unpredictable”。Emperor Jiaqing decreed: “From now on, all cargo convoys from various countries will still follow the old system,No sailing near the inner ocean;Cargo ship export,Not allowed to stay either。If you dare to enter the forbidden area,Strict expulsion。If you dare to resist,Cast gun now,To intimidate with military force,make people fear。”
It can be seen from this,The people bet365 voucher Qing Dynasty not only had the concept of freedom on the high seas,And also has the concept that foreign merchant ships can navigate freely in the internal and external oceans,It’s just that foreign warships and merchant ships are not allowed to park at will and cause trouble in the oceans inside and outside China’s jurisdiction。The internal and external foreign systems bet365 voucher Qing Dynasty were based on practice,Continuous improvement through generations to generations,The formation of a near-shore sea area control system with Chinese characteristics。
The bet365 voucher areas controlled by the East and the West are similar
As mentioned above,“High seas” in international law refers to the internal waters of each country、Territorial waters、The part of the ocean outside the archipelago waters that is not under the jurisdiction and control of any country。Although the theory of freedom of the high seas had been proposed as early as 1608,But it did not become a recognized principle of international law until the 19th century。“bet365 voucher” refers to the sea area of a certain width adjacent to its coast or internal waters under the sovereign jurisdiction of a coastal state。
Discussion of high seas and bet365 voucher issues and establishment of systems,It has roughly gone through two periods in Europe and the United States: the first period is a period of pure theoretical discussion。As mentioned before,“Freedom of Navigation” was first proposed by Grotius in 1608;The issue of territorial waters was raised by Gentilis and Selton in 1613 and 1618 respectively;The view that some sea areas can be "controlled by strength" was initially confirmed by Grotius in 1625。The above views are demonstrated by Binks Hook,And divide the ocean into two parts: the high seas and the bet365 voucher,Only recognized by most European jurists。Until 1745,The theory of bet365 voucher and high seas is officially put into practice in the Kingdom of Denmark。The second period is a period of parallel theoretical discussion and practical exploration。1745,The King of Denmark officially declares that the width of its territorial waters is 1 league,Nordic countries have followed suit。1782,Italian jurist Galliani proposed the "3 nautical mile principle",Only gradually recognized by European and American powers。Visible,Proposition of the theory of bet365 voucher and high seas and the formation and practice of the system,Going through a long period。
Some domestic scholars believe that,China has no awareness of territorial waters,Considers that bet365 voucher awareness is an import from the late Qing Dynasty。This view is very problematic。Although people in the early Qing Dynasty did not have much theoretical discussion on the freedom of navigation on the high seas and the width of territorial waters,But in terms of system creation and practice,The Qing Dynasty’s state agencies’ control of coastal waters,Started almost at the same time as European countries,Even earlier。As mentioned before,1683,The Qing Dynasty began to establish a naval patrol system for coastal waters;1691,The earliest decree issued by the Danish king,The bet365 voucher is as far as the eye can see;1717,The Qing Dynasty began to divide the coastal waters into internal and external oceans,Administrative、Military and judicial administration;1745,The King of Denmark officially declares that the width of its territorial waters is 1 league。
The "inner ocean" of the Qing Dynasty was a sea area of no more than 5 kilometers close to the coast and island shore,Coastal civilian officials and naval officers and soldiers are jointly responsible for control;The outer ocean is a relatively wide sea area between the high seas and the inner ocean,Controlled by officers and soldiers of the Coastal Navy。Comparing the "internal ocean" in the Qing Dynasty with the "internal waters" stipulated in contemporary international law of the sea,Although the division methods are different,But the essence is similar。"Internal water" is also called internal sea water,Refers to the waters from the landward side of the coastal bet365 voucher baseline to the coastline。“Internal waters” are part of the country’s territorial waters,Has the same status as national land territory。The "inner ocean" in the Qing Dynasty included two parts: one part was immediately adjacent to the coast or prefecture、County、A 5-kilometer-wide water strip on the coast of Tingzhi Island;The other part is the "inland water" classified within the islands in the inland ocean。Both are important parts of the country’s territorial waters,Has the same status as national territory。
The concept of "overseas" in the Qing Dynasty and the concept of "bet365 voucher" in Western countries,There are similarities,There are some differences。The difference between the two is: 1,“bet365 voucher” is the sea area adjacent to the coast beyond which a country’s sovereignty extends beyond its land territory and internal waters;"Outer Ocean" is a strip of sea area between the inner ocean and the ocean and controlled by the officers and soldiers of the Qing Navy。Part 2,The division of "bet365 voucher" in the absence of islands and inland seas,Divide outwards directly using the coast as the baseline;The classification of "overseas" is slightly different from this,Usually, the sea areas near the coast are first divided into "inner oceans",Then divide the “outer ocean” into the “inner ocean”。Third,“bet365 voucher” emphasizes the effective control width of sea areas by coastal countries’ weapons and equipment deployed on the coast or island shore,And "overseas" emphasizes the "strength control" of naval officers and soldiers over the safety of routes and islands。Fourth,The width of "bet365 voucher" is determined,The width of "Overseas" is irregular,The boundaries of “outer oceans” are roughly based on the customary sailing routes away from China’s coast and island shores。Despite the above differences,But these are not essential differences,It’s just the way of dividing that is different。
In terms of the common points between "bet365 voucher" and "outer ocean",Both are a sea area extending along the coast or island shore between the inland sea and the high seas,They all use the coast or island shore as a mark to declare to other countries the sovereign jurisdiction of their own waters。It is these two things in common,Decided that the essence of the two is similar。It can be seen from this,Although the names of "overseas" in the Qing Dynasty and the "bet365 voucher" in Europe and the United States are different, they are actually similar。Therefore,We can bring the Qing Dynasty to the outside world、The division of overseas waters was seen as the Chinese declaring sovereignty similar to Western territorial waters to all countries in the world。It can be said,Although China in the Qing Dynasty did not have the name of bet365 voucher, it actually had bet365 voucher,This should be one of the ways in which territorial waters were divided by countries around the world at that time。It’s worth pointing out,Since Western scholars began to discuss ocean issues,We attach great importance to the issue of freedom of navigation。For Qing Dynasty officials,Although in practice the freedom of ocean navigation is recognized consciously or unconsciously,But there is little theoretical discussion。
Finally,We must emphasize,Carry out research on the division of internal and external oceans and their jurisdiction in the Qing Dynasty,It is of great significance,Not only can we use facts to prove that the Chinese people’s awareness of bet365 voucher is not inferior to that of Europeans,And we can learn from it rich wisdom and experience in controlling the ocean。
(The author is a second-level professor at the School of History and Culture, Hebei Normal University、Director bet365 voucher Chinese History Society)
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