欧洲联盟的《联合国海洋法公约》观——基于早期实践初探

European Union's Approach to the United Nations Convention on the Law of the Sea——An Observation Based on Its Early Practice

欧洲联盟(以下简称欧盟)是《联合国海洋法公约》(以下简称《公约》)唯一的国际组织缔约方,其权利义务以加入《公约》时作出的"权能声明"为限。自1998年加入《公约》至2007年通过《欧盟综合海洋政策》近十年期间,欧盟主要通过立法、司法以及适用《公约》争端解决机制等方式,致力于在联盟内部遵守和实施《公约》。一方面,欧盟重视和尊重《公约》在建立国际海洋法律秩序中的重要作用,尽力维护《公约》的权威性;另一方面,一旦《公约》相关规定难以满足联盟在海洋权益方面的需求,欧盟会适当迈出超越或者背离《公约》的步伐。欧盟表现出一种从自身利益出发,既尊重又适当背离《公约》的态度与实践。

European Union （EU） is the only States Parties as an international organization to the U nltecl Nations Convention on the Law of the Sea （UNCLOS）, whose rights and obligations are subjected to its competence declaration made in accordance with article 5, Annex IX to the Convention. From its accession to the Convention in 1998 to the adoption of the Commission Communication titled An Integrated Maritime Policy for the European Union in 2007, the EU is committed to the observance and implementation of UNCLOS by some legislative and judicial measures as well as its participation in the resolution of maritime disputes under the Convention, etc. On the one hand, the EU attaches great importance to and respects the significant role of UNCLOS in the legal order for the seas and oceans, and endeavors to maintain the authority of the Convention; On the other hand, the EU would take corresponding steps to surpass or depart from the Convention if the relevant provisions of UNCLOS are not enough to satisfy its needs in terms of maritime rights and interests. Consequently, the EU＇s attitude to UNCLOS is the mixture of, depending on its own interests, respect for and departure from the Convention.