《联合国海洋法公约》退出机制及我国的考量

The Exit Mechanism of the United Nations Convention on the Law of the Sea and China’s Consideration

即使在全球化的时代,国家利益至上仍然是无可厚非的。中国作为《联合国海洋法公约》的签署国,在维护公约精神、履行公约义务的同时,理应享拥公约赋予的权利——国家利益,并得到公约的强力保障。然而,作为折衷产物的《联合国海洋法公约》,在30年的实施过程中,虽建立起了一套新的海洋法律秩序,但"软法"的迹象显现。就我国岛屿争端的现实来看,公约在争端解决上少有效用,我国的海洋权益屡次被声索国恶意利用公约之名侵占。本文就《联合国海洋法公约》退出机制,对我国保留公约缔约国身份的相关问题展开探讨,结论是积极影响与消极影响共存,如果我国与周边国家的矛盾进一步突出,退出公约,可望争取更广大的处理空间。

Even in the era of globalization, the supremacy of national interests is still unblamable. As a signatory of the United Nations Convention on the Law of the Sea, while maintaining the spirit and carrying out the obliga- tions of the Convention, China should enjoy its entitled rights conferred by the Convention, namely the national interests and strong protection from the Convention. However, the United Nations Convention on the Law of the Sea came out as a compromise. In 30 years of its implementation, it still shows signs of ＂soft law＂, even though established a set of new marine legal order. Viewed from China＇ s island dispute reality, the Convention has come to little avail to the dispute settlement. China＇ s maritime rights and interests have been repeatedly in- ~n^d on by those claiming countries＇ malicious use of the name of the Convention. This paper intended on the exit mechanism of the United Nations Convention on the Law of the Sea and the issues related to the reservation of China＇ s identity of the signatory Party to the Convention and the conclusion is that the positive impacts are coexistent with the negative ones. If the contradictions between China and its neighboring countries become ex- acerbated further, the denunciation of the Convention is expected to reserve wider treatment space for China.