东盟及其成员国关于《南海行为准则》之议案评析
发布时间：2018-09-19 20:23
【摘要】：东盟及其若干成员国是《南海行为准则》的主要推手,为此,东盟提出了六项"核心要素",印度尼西亚则提出了"零号草案"。从《南海各方行为宣言》到《南海行为准则》是大势所趋,中国应积极地参与这一过程并为此做好准备。对于东盟的"核心要素",中方需要以国家利益为基准,依据国际法做出有针对性的具体分析,并分别采取接受、有条件接受、反对的应对措施。对于印尼"零号草案"中的规则导向、争端解决机制和审议机制等提议,中方可以考虑接受,但必须强调保障中方的表决权。在缔约方式的问题上,与每个当事国均进行双边谈判并"各个击破"的进路目前可能性较小,而东盟成员国"抱团"成一边与中国谈判的倾向非常明显,中方虽然可以力争采取分别谈判的双边进路或者多边进路,但在一定条件下也可以考虑接受东盟的主张。在缔约方范围的问题上,中方应当坚决反对东盟拉其他国家干涉南海争端的倾向,明确《南海行为准则》是非开放性的区域性条约,缔约范围仅包括东盟成员国和中国。
[Abstract]:ASEAN and its member states are the main promoters of the Code of Conduct in the South China Sea. For this reason, ASEAN has proposed six "core elements" and Indonesia has put forward the "Zero draft". From the Manifesto of the parties in the South China Sea to the Code of Conduct in the South China Sea is the general trend. China should take an active part in this process and make preparations for it. With regard to the "core elements" of ASEAN, China should take the national interests as the basis, make specific and targeted analysis in accordance with international law, and take countermeasures of acceptance, conditional acceptance and opposition respectively. The Chinese side may consider accepting the rules guidance, dispute settlement mechanism and deliberative mechanism in Indonesia's "zero draft", but it must emphasize on safeguarding China's right to vote. On the issue of contracting parties, the possibility of holding bilateral negotiations with each of the parties and "breaking down" is less likely at present, and the tendency of ASEAN member countries to "join forces" in negotiating with China is very clear. Although China can strive to adopt a bilateral or multilateral approach to separate negotiations, it can also consider accepting ASEAN's proposal under certain conditions. On the issue of contracting parties, China should resolutely oppose the tendency of ASEAN to pull other countries into disputes in the South China Sea, and make it clear that the Code of Conduct in the South China Sea is a non-open regional treaty, and only ASEAN member countries and China are included in the scope of the treaty.
【作者单位】： 武汉大学法学院;
【基金】：2013年教育部人文社会科学重点基地重大项目“东海南海的岛屿主权与海洋划界争端中的国际法问题”(项目编号:13JJD820008)的阶段性成果
【分类号】：D815.3
[Abstract]:ASEAN and its member states are the main promoters of the Code of Conduct in the South China Sea. For this reason, ASEAN has proposed six "core elements" and Indonesia has put forward the "Zero draft". From the Manifesto of the parties in the South China Sea to the Code of Conduct in the South China Sea is the general trend. China should take an active part in this process and make preparations for it. With regard to the "core elements" of ASEAN, China should take the national interests as the basis, make specific and targeted analysis in accordance with international law, and take countermeasures of acceptance, conditional acceptance and opposition respectively. The Chinese side may consider accepting the rules guidance, dispute settlement mechanism and deliberative mechanism in Indonesia's "zero draft", but it must emphasize on safeguarding China's right to vote. On the issue of contracting parties, the possibility of holding bilateral negotiations with each of the parties and "breaking down" is less likely at present, and the tendency of ASEAN member countries to "join forces" in negotiating with China is very clear. Although China can strive to adopt a bilateral or multilateral approach to separate negotiations, it can also consider accepting ASEAN's proposal under certain conditions. On the issue of contracting parties, China should resolutely oppose the tendency of ASEAN to pull other countries into disputes in the South China Sea, and make it clear that the Code of Conduct in the South China Sea is a non-open regional treaty, and only ASEAN member countries and China are included in the scope of the treaty.
【作者单位】： 武汉大学法学院;
【基金】：2013年教育部人文社会科学重点基地重大项目“东海南海的岛屿主权与海洋划界争端中的国际法问题”(项目编号:13JJD820008)的阶段性成果
【分类号】：D815.3
【参考文献】
相关期刊论文 前3条
1 常书;;印度尼西亚南海政策的演变[J];国际资料信息;2011年10期
2 任远U，
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