On the Legal System Construction of Marine Freedom and Ship Navigation Right under the jurisdiction of the South China Sea
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The South China Sea is one of the most controversial maritime areas in the world. The disputes over islands, energy and shipping routes are complicated. The phenomenon of the overflow of freedom of navigation and the abnormal jurisdiction over the marine environment coexist. Establish a particularly sensitive sea area in the South China Sea, make full use of the navigation measures in its “relevant protection measures” to strengthen the management and control of the sea area. For China, we should clarify the content of freedom of navigation from two aspects: strengthening domestic legislation and cohesive consensus with foreign countries, so as to effectively guarantee the realization of the right to freedom of navigation. This paper discusses the construction of the legal system of freedom of the sea and the right of navigation of ships under the jurisdiction of the South China Sea. Based on the coordination mechanism of the legal fiction area, the marine area is the institutional basis, which specifies the right of navigation in each marine area and the right of navigation in the marine environment, and elaborates different coordination schemes for each marine area.
South China Sea area; Marine freedom; Ship navigation right; Legal system