南海争端解决模式比较分析
发布时间：2018-08-28 06:44
【摘要】：南海处于太平洋和印度洋连接的交通要冲之地,地缘战略位置十分重要。随着20世纪70年代南海丰富的资源被勘探和开发,我国与越南、菲律宾、马来西亚、印度尼西亚等国在南沙群岛的岛屿主权与南海海域划界问题上产生了争端并且争端长期未解决。这样不仅导致南海周边国家有联合制衡中国的行动,而且使得该区域外大国染指该地区。若美国插手南海,与韩、日联手将完成对中国的围堵,不仅仅使得南海问题更加棘手,台湾问题也更难解决,我国国家安全将受到严重威胁,甚至引发地区安全稳定。南海争端长期未解决也导致南海海盗活动的猖獗和海洋环境治理问题严重。我国在南沙海域的形势非常严峻,解决难度相当大。 就目前南海局势来看,主权争议不可能在短时期得到彻底解决,因此我们聚焦在研究如何构建解决南海问题的相关模式上。中国抱着和平解决争端的态度,正视这些争端,提出“搁置争议、共同开发”,寻求问题的解决。不可否认,“搁置争议、共同开发”南海资源已成为南海争端国家的共识。但是共同开发中存在的主权问题要求各南海争端国做出一定的妥协和让步。如何进行共同开发,如何使各国妥协、让步、并且认同共同开发的模式,很多国际海洋法研究专家和政府官员纷纷提出了各种解决模式为相关国家的决策人思考。 本文在对南海争端的起因、现状和其导致的影响进行了分析之后,介绍了几种代表性的南海争端解决模式,重点分析瓦伦西亚的南海“共管”模式,将其与邓小平同志的“搁置争议、共同开发”进行比较分析,分析其积极意义和作用,并试图借鉴其深刻的理论和实践价值。在此基础上,文章运用国际机制的理论对南海争端解决模式的构建困局进行了分析,但是中越之间关于《北部湾领海、专属经济区和大陆架的划界协定》和《北部湾渔业合作协定》的成功签署,说明构建解决南海争端的解决模式上是可行的,这些南海解决模式在一定程度上具有可取之处。南海争端模式强调的“共同开发”合作机制前景是极为广阔的。最后,文章从政治、经济和司法途径对南海争端解决模式的构建进行了思考。
[Abstract]:The South China Sea is located at the point of communication between the Pacific Ocean and the Indian Ocean, and the geo-strategic position is very important. With the rich resources of the South China Sea being explored and exploited in the 1970s, China and Vietnam, the Philippines, Malaysia, Indonesia and other countries have a dispute over the sovereignty of the Nansha Islands and the delimitation of the South China Sea and the dispute has not been resolved for a long time. This has not only led to joint checks and balances on China by neighboring countries in the South China Sea, but has also allowed major powers outside the region to gain access to the region. If the United States interferes in the South China Sea, it will complete the containment of China with South Korea and Japan. It will not only make the South China Sea issue more intractable, but also make the Taiwan issue more difficult to resolve. China's national security will be seriously threatened, and even regional security and stability will be triggered. Long-unsolved disputes in the South China Sea also lead to rampant piracy in the South China Sea and serious problems in the governance of the marine environment. The situation of our country in Nansha sea area is very serious, the solution is quite difficult. From the point of view of the current situation in the South China Sea, the sovereignty dispute can not be completely resolved in a short period of time, so we focus on how to construct a relevant model to solve the South China Sea problem. With the attitude of peaceful settlement of disputes, China has faced these disputes squarely and proposed "shelving disputes, developing jointly" and seeking solutions to the problems. Undeniably, "shelving disputes, jointly developing" South China Sea resources has become the consensus of South China Sea dispute countries. However, the sovereignty issue in joint development requires some compromise and concessions from the South China Sea dispute states. How to carry out joint development, how to make countries compromise, and identify with the model of joint development, many international law of the sea experts and government officials have proposed a variety of solutions for the decision makers of the countries concerned. After analyzing the causes, present situation and influence of the South China Sea dispute, this paper introduces several representative South China Sea dispute settlement models, focusing on Valencia's South China Sea "Common Management" model. This paper compares it with Comrade Deng Xiaoping's "shelving controversy and developing jointly", analyzes its positive significance and function, and tries to draw lessons from its profound theoretical and practical value. On this basis, the paper analyzes the difficulties of constructing the dispute settlement model in the South China Sea by using the theory of international mechanism, but between China and Vietnam on the "Beibu Gulf territorial sea", The successful signing of the Agreement on the Delimitation of the exclusive Economic Zone and the Continental Shelf and the Agreement on Fisheries Cooperation in the Beibu Gulf show that it is feasible to construct a settlement model for the South China Sea dispute, and these South China Sea settlement models have some merits to some extent. The South China Sea dispute model emphasizes the "joint development" cooperation mechanism prospect is extremely broad. Finally, the paper thinks about the construction of the South China Sea dispute settlement model from the political, economic and judicial approaches.
【学位授予单位】：上海师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D993.5
本文编号：2208599
[Abstract]:The South China Sea is located at the point of communication between the Pacific Ocean and the Indian Ocean, and the geo-strategic position is very important. With the rich resources of the South China Sea being explored and exploited in the 1970s, China and Vietnam, the Philippines, Malaysia, Indonesia and other countries have a dispute over the sovereignty of the Nansha Islands and the delimitation of the South China Sea and the dispute has not been resolved for a long time. This has not only led to joint checks and balances on China by neighboring countries in the South China Sea, but has also allowed major powers outside the region to gain access to the region. If the United States interferes in the South China Sea, it will complete the containment of China with South Korea and Japan. It will not only make the South China Sea issue more intractable, but also make the Taiwan issue more difficult to resolve. China's national security will be seriously threatened, and even regional security and stability will be triggered. Long-unsolved disputes in the South China Sea also lead to rampant piracy in the South China Sea and serious problems in the governance of the marine environment. The situation of our country in Nansha sea area is very serious, the solution is quite difficult. From the point of view of the current situation in the South China Sea, the sovereignty dispute can not be completely resolved in a short period of time, so we focus on how to construct a relevant model to solve the South China Sea problem. With the attitude of peaceful settlement of disputes, China has faced these disputes squarely and proposed "shelving disputes, developing jointly" and seeking solutions to the problems. Undeniably, "shelving disputes, jointly developing" South China Sea resources has become the consensus of South China Sea dispute countries. However, the sovereignty issue in joint development requires some compromise and concessions from the South China Sea dispute states. How to carry out joint development, how to make countries compromise, and identify with the model of joint development, many international law of the sea experts and government officials have proposed a variety of solutions for the decision makers of the countries concerned. After analyzing the causes, present situation and influence of the South China Sea dispute, this paper introduces several representative South China Sea dispute settlement models, focusing on Valencia's South China Sea "Common Management" model. This paper compares it with Comrade Deng Xiaoping's "shelving controversy and developing jointly", analyzes its positive significance and function, and tries to draw lessons from its profound theoretical and practical value. On this basis, the paper analyzes the difficulties of constructing the dispute settlement model in the South China Sea by using the theory of international mechanism, but between China and Vietnam on the "Beibu Gulf territorial sea", The successful signing of the Agreement on the Delimitation of the exclusive Economic Zone and the Continental Shelf and the Agreement on Fisheries Cooperation in the Beibu Gulf show that it is feasible to construct a settlement model for the South China Sea dispute, and these South China Sea settlement models have some merits to some extent. The South China Sea dispute model emphasizes the "joint development" cooperation mechanism prospect is extremely broad. Finally, the paper thinks about the construction of the South China Sea dispute settlement model from the political, economic and judicial approaches.
【学位授予单位】：上海师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D993.5
【引证文献】
相关硕士学位论文 前1条
1 朱玮琼;试析奥巴马政府东亚“巧实力”外交[D];外交学院;2012年
，本文编号：2208599
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