中国南海断续线的性质及线内水域的法律地位

Nature of the Dashed Line and Legal Status of Internal Water Areas in South China Sea

南海问题已成为国际社会关注的重要议题。南海问题的显现与升级有多种原因,包括《联合国海洋法公约》的生效、东盟一些国家强化对南海岛礁的抢占和加强资源开发力度,以及域外大国的参与及偏袒等。一般认为,南海问题包括南沙岛礁领土争议及海域划界争议,而处理这些争议的基础之一是必须进一步地明确我国在南海划出的断续线或U形线的性质,以及线内水域的法律地位。中国南海断续线的性质应为岛屿归属及资源管辖线,而其线内水域的法律地位分为两类:基于海洋法制度下的水域和历史权利下的特殊水域,两者并行不悖,互相补充。为此,我国可根据直线基线的方法适时宣布在南沙群岛的领海基线,并运用群岛基线制度明确管辖海域范围,以确保中国在南海诸岛的主权和利益。

South China Sea issues have become important topic for discussion attracting attentions from in- ternational society. The emergence and escalation of South China Sea issues have been caused by many rea- sons, such as the effectiveness of the United Nations Convention on the Law of the Sea, some ASEAN coun- tries strengthen the seizure of South China Sea islands and reefs and the development of natural resources, as well as the participation and partiality of foreign powers are important reasons. It is generally thought that South China Sea issues include territorial disputes over Spratly islands and reefs and the disputes over sea area delim- itation. One of foundations of solving these disputes is to further clarify the nature of dashed line and U-shape line of South China Sea, and the legal status of internal water areas. After analyzing various theories, the na- ture of dashed line of South China Sea shall be islands ownership and resources jurisdiction line, and the legal status of internal water areas shall be divided into two types, which are water areas under the maritime law sys- tem and special water areas under historical right. These two water areas will supplement each other. There- tore, in order to safeguard China＇s sovereignty and interests in South China Sea islands, China should declare the Spratly Islands territorial sea baseline according to the straight baseline and clarify the scope of territorial sea at a suitable time. Finally, this article analyzes the methods of South China Sea disputes settlement and points out China＇s specific countermeasures.