《联合国海洋法公约》的完善

To Improve the Efficacy of the UN Convention on the Law of the Sea

1982年《联合国海洋法公约》自通过至今已经走过了近三十年，检视公约存在的不足，考察完善公约应遵守的原则及应采取的方式和机制，显得尤为必要。公约在海弹法上的宪章地位要求我们以整体海洋观审视公约，在海洋法的现有框架内与国际法的宏观架构下完善公约。鉴于公约自身规定的修正程序难以启动，通过外交协商及有关国际和区域组织的立法活动来统一国家实践仍不失为当前最为重要和有效的公约完善方式。同时，海洋的多重治理模式也要求进一步协调国际、区域组织和其他相关机构的行动，强化公约在国内的统一适用与有效执行。

It has been nearly 30 years since the adoption of the UN Convention on the Law of the Sea （UNCLOS） in 1982. This article seeks to examine the status of the Convention as it is currently implemented, identify its deficiencies,and explore the principles to follow and the approaches and institutional mechanisms to adopt to enhance its efficacy. The constitutional status of the Convention in the context of the law of the sea dictates that the Convention is viewed from the vantage point of the seas as a whole and its efficacy enhanced as part of the law of the sea and international law. As the amendment procedure prescribed in the Convention renders it difficult to activate, the most effective way to enhance the efficacy of the Convention is arguably through the stand- ardization of state practices via diplomatic negotiations and legislation at the in- ternational and regional levels. Meanwhile, the multi-tiered nature of the rule of the sea also calls for the cooperation among international and regional organizations as well as other related institutions, and the synchronization of their actions,which will have the effect of strengthening the uniform application and effective implementation of the Convention across sovereign states.