南海仲裁案的国际法评析及中国对策

International Law Analysis of the Arbitration Case in the South China Sea and China's Countermeasures

菲律宾和中国的岛屿争端实质上是南海划界问题,其实质就是主权争端。主权争端不属于《联合国海洋法公约》调整范围。关于中菲之间海洋争端,中菲之间存在着排除适用司法管辖的声明。菲方不顾事实,单方面提起仲裁。根据《公约》规定,仲裁庭只对公约的适用和解释争端具有管辖权,南海争端不属于仲裁庭管辖范围。关于未来南海争端的解决还是应在遵守国际法的前提下,通过外交谈判协商解决。

The disputes between Philippines and China in the South China Sea Islands is a dispute of delimitation in south China sea, its essence is the sovereignty dispute. Sovereignty dispute does not belong to the adjustment scope of the United Nations Convention on the law of the sea. Concerning the maritime dispute between China and the Philippines, there is a declaration of the application of judicial jurisdiction between China and the Philippines. The Philippines does not regard of the facts, unilaterally initiated the arbitration. According to the provisions of the Convention, the arbitral tribunal only has a jurisdiction over the application and interpretation of the Convention, and the dispute of the South China Sea should not belong to the jurisdiction of the arbitral tribunal. A future settlement to this dispute of South China sea is to comply with international law as the premise, through diplomatic negotiations to resolve.