| 英文摘要 |
Regarding the international regulations on military activities at Sea, the United Nations Convention on the Law of the Sea (LOS Convention) is applied in the peacetime and establishes both the maritime zones and navigation system. Through the navigation system, the LOS Convention ensures the navigational rights of warships in territorial seas, international straits and archipelagic sea lanes, along with the overflight rights of military aircrafts in international straits and archipelagic sea lanes. As long as the military activities do not deviate from the purpose of peace, there is still room for their existence. While the LOS Convention has adopted ambiguous terms in order to balance both the rights and obligations of maritime States and coastal ones, the relevant legal arguments whose resolutions rely on dispute settlement mechanisms still remain. The contracting parties of the LOS Convention can adopt the declarations to exclude disputes about military activities from the compulsory jurisdictions of the dispute settlement mechanisms. Yet recently such mechanisms tend to accept their own jurisdictions over these case types. Once entered into substantive procedures, such mechanisms will face new challenges that need to be resolved. |
