The Legal Status of Foreign Warships in Territorial Seas
【中文摘要】军舰作为国家机关在外国领海享有国家管辖豁免，由此与沿海国在 领海的管辖权形成冲突，这种冲突的解决涉及国际法和国内法两个层面对外国军 舰在领海内法律地位的规范。在国际法层面，首先应考虑军舰的船旗国和沿海国 之间是否有规范军舰法律地位的条约;在没有特别条约的情况下，应考虑一般承认 的国际公约的规定。在国内法层面，关于领海内外国军舰的权利和义务，应考虑 沿海国根据《联合国海洋法公约》和其他国际法规则所制定的国内法。 【Abstract】As a State organ, a warship is entitled to immunity from the juris¬diction of the coastal State in its territorial sea. This will however, generate con¬flicts with the jurisdiction of coastal States over their territorial seas, which shall be settled according to the provisions on the legal status of foreign warships in territorial seas in both international law and domestic law. From the perspective of international law, we should first consider whether there is any agreement between the flag State of the warship and the coastal State on this issue; if there is no special agreement, we should consider the provisions of generally recognized international laws. From the perspective of domestic law, with regard to the rights and obligations of foreign warships within territorial seas, the domestic law formulated by the coastal State in accordance with the UNCLOS and other rules of international law should be taken into account.