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中国对南海的岛屿和其他海洋地物主张“历史性权利”。菲律宾质疑这些主张,理由是它们与1982年《联合国海洋法公约》不符。为寻求达到这一效果的宣告性判决,菲律宾依照《公约》附件七提起仲裁。中国拒绝了仲裁程序,部分是因为其2006年的声明已将所有这类争端都从《公约》的强制争端解决程序中排除。通过检验最近仲裁庭作出的接受对菲律宾所提部分诉求的管辖的裁判,可以看到,《联合国海洋法公约》对于主权问题和相关的重叠海洋权益的问题的裁定并没太多帮助。
China Adopts “Historical Rights” for the Islands and Other Marine Features in the South China Sea. The Philippines questioned these claims on the grounds that they were inconsistent with the 1982 UN Convention on the Law of the Sea. To seek a declaratory judgment to this effect, the Philippines filed its arbitration in accordance with Annex VII of the Convention. China rejected the arbitration process, in part because its 2006 declaration had excluded all such disputes from the mandatory dispute settlement procedures of the Convention. By examining recent judgments of arbitral tribunals that have jurisdiction over some of the claims made by the Philippines, it can be seen that the UNCLOS ruling on sovereignty and related issues of overlapping maritime interests is not much help.