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The United Nations Convention on the Law of the Sea and China

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Author: Zhang Haiwen; Wei Yi;
Language: English
Format: 19.8 x 12 x 1 cm
Page: 114
Publication Date: 11/2014
ISBN: 9787508529431
Publisher: China Intercontinental Press
Table of Contents
Introduction 
The United Nations Conference On the Law of Sea 
Formation and Development of International Law of the Sea 
China's Participation in the Negotiation of the UNCLOS 
International Law,International Law of the Sea,and the United Nations Convention on the Law of the Sea 
The Basis in International Law 
The Relations between International Law 
International Law of the Sea, 
and the Convention 
The Basis of China's Marine Rights 
Main Content of UNCLOS 
Main Content and Characteristics of the Convention 
Major Regimes Stipulated in the Convention 
How to Evaluate the Convention 
UNCLOS and Maritime Disputes 
Disputes over the South China Sea 
Conclusion
Sample Pages Preview
There are several importantlegal ideas in the western philosophy of law worth mentioningand understanding. The first is the principle of "Ei incumbitprobation qui dicit, non qui negat" (Latin, "the burden of proof ison he who declares, not on he who denies") and of "presumptionof innocence". In plainer words, when accusing the defendant ofsome crime, the burden of proof is on the prosecution. The accusershould provide convincing evidences and specific articles of lawto prove the illegal actions of the defendant. On the other hand,if the accuser fails to prove the crime or fault of the defendant oragainst which legal rules or regulations the defendant acts, thefights that the defendant claims and his or her actions are legallyfight naturally. The second is "Nullum crimen, nulla poena sinepraevia lege poenali" (Latin, "[There exists] no crime [and] nopunishment without a pre-existing penal law [appertaining]").Actions not expressly prohibited in legal provisions are naturallylegally feasible. 
As a major component of the international law, theinternational law of the sea can be subdivided into various kinds ofinternational treaties and conventions concerning marine affairs,such as the above-mentioned four Geneva Conventions in 1958,1982 Convention and other international treaties and rules andregulations of customary laws of the sea. 
Generally speaking, the relation between the internationallaw, the international law of the sea, and the 1982 Convention aresimilar to that between higher laws and lower laws such as thatbetween the Constitution of China and other department laws orbetween parent laws and department laws in China's legal system.
The United Nations Convention on the Law of the Sea and China
$14.40