太平洋学报2025，Vol.33Issue(1)：81-95,15.DOI:10.14015/j.cnki.1004-8049.2025.01.007
海上军事控制区的国际法依据与限制:海洋法和军事法的视角
The Legal Basis of and Restrictions on Maritime Military Control Zones:A Perspective from Law of the Sea and Military Law
摘要
Abstract
A maritime military control zone is a common measure by states to temporally control maritime space for military security purposes,originating from traditional naval warfare measures.In modern times,these zones can be categorized into peacetime and wartime ones,where states exercise the common measures such as use of force on vessels and aircraft that enter the zones.Practices of these zones are facing challenges from law of the sea and law of war,mainly due to the lack of clear rules to distinguish between war and peace.Therefore,there are growing state practices that blur the line between war and peace,to cir-cumvent controversial issues under the UNCLOS,and to avoid providing clear legal basis for use of force.Since the Russian-Ukrainian Conflict in 2022,both sides have established multiple maritime zones,leading to debates on their legal statuses,especially the Russian ones.By looking into measures of both states and the responses from other states and international organizations,some lessons can be learned for future use of maritime military control zones.China insists on peaceful management of disputes and the legal distinction of wartime and peacetime.In terms of establishing and operating maritime zones,China should pay attention to certain legal issues of legal basis,procedural issues and means of use of force as a response to smears from outside.In the meantime,it is necessary for China to express its own view through practice and state-ments,and contribute to lawmaking and agenda-setting in this area.关键词
海上军事控制区/海洋法/海战法/海上禁区/俄乌冲突Key words
maritime military control zones/law of the sea/law of naval warfare/maritime exclusion zones/the Russian-Ukrainian Conflict分类
社会科学引用本文复制引用
林兆然..海上军事控制区的国际法依据与限制:海洋法和军事法的视角[J].太平洋学报,2025,33(1):81-95,15.基金项目
本文系国家社会科学基金"新时代海洋强国建设"重大研究专项(20VHQ005)的阶段性研究成果. （20VHQ005）
