The Law of Naval Blockade Applicable to the Non-International Armed Conflicts:Dilemma,Evolution and Integration
Naval blockade,as a traditional method of maritime warfare,has been widely used in various battles of different scales. Due to the serious disruption of maritime traffic and trade caused by the implementation of the blockade,with the establishment of a neutral system and the general consensus on protecting the trade rights of neu-tral countries,the law of naval blockade gradually developed under the tense relationship between the blocking country' s claim of certain rights and the neutral country' s acceptance or rejection of them. Due to the fact that the law of naval warfare,including the law of naval blockade,has long been considered a part of international armed conflict law,the existing rules seem to be difficult to constrain practices that operate outside of international armed conflicts. As for the current regulation of armed conflicts,more and more signs indicate that the gap between the rules of international armed conflict and that of non-international armed conflict is declining. In the context of fre-quent armed conflicts in certain regions of the international community,the core significance of the application of international armed conflict law in non-international armed conflicts lies not in the identification of international or non-international armed conflicts,but in the universality of resolving factual armed conflict disputes. Recently,the reality of the persistent armed conflict between Israel and Gaza,especially the"Mavi Marmara"incident,has trig-gered the controversy and dilemma of the law of naval blockade under non-international armed conflicts. The forma-tion of the recognition system of belligerency in naval blockade,the practice of naval blockade implemented by vari-ous countries in different historical periods,and the compilation and gradual development of the customary law of naval blockade,indicate that the application of the law of naval blockade to non-international armed conflicts con-forms to the development trend of armed conflict law. On the one hand,in current national practice,parties to non-international armed conflicts are not obliged to limit armed hostilities to the sovereignty of the state,and they may also use recognized naval warfare methods and means,including naval blockade. On the other hand,a country can impose naval blockade on non-state armed actors engaged in armed conflicts with that country. In this situation,the law of naval blockade can effectively balance the rights of the home country government,non-state armed actors,and third countries. The key and challenge of naval blockade under non-international armed conflicts is whether the third country can tolerate the interference or obstruction of maritime navigation freedom caused by the implementa-tion of naval blockade. Recently,regionalization has not only become an increasingly important political phenome-non,but also a preferred path to ensure global agreements on future maritime systems. Therefore,maritime region-alism has constructed a feasible model to address the aforementioned challenges and dilemmas from a theoretical perspective,which essentially belongs to the integration of the law of naval blockade applicable to non-international armed conflicts. Marine regionalism can be applied to specific situations,that is,in the waters of internal waters,territorial waters,and even adjacent areas,the provisions of the law of the sea and the law of naval warfare do not have much conflict regarding the constraints on the implementation of blockades. In waters beyond national jurisdic-tion,the law of naval warfare may be given priority in application,while in special sea areas the requirements of the law of the sea and the law of naval warfare should be respected simultaneously.
naval blockadenon-international armed conflicts"Mavi Marmara"incidentrecognition system of belligerencymarine regionalism
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