南海维权:中国海军外交的现实需求与合法运用

Safeguarding the Rights and Interests in the South China Sea: Realistic Requirement and Legal Application of the Chinese Naval Diplomacy

当前,我国对南海局势的影响能力逐渐提升,南海地区环境趋于平稳,但美国"印太战略"开始走向落实,南海是此战略实施的重要抓手,因此影响南海稳定的因素仍然存在。如何在不示弱、不激化矛盾的前提下,稳住东盟尽快促成"南海行为准则"磋商、应对域外国家频繁的军事介入活动成为南海维权的重要任务。在国际法治环境下,中国需要重视将旨在实现南海维权的海上力量运用置于外交和法律框架之下的思维谋略。海军外交是与海洋战略发展密切联系、兼具硬实力后盾与软实力优势的国家外交工具,可作为南海维权的"利器"。通过海军外交的合法运用拓展与东盟国家的海上安全合作,"拉长"中国与东盟缺乏战略互信的"短板",将有助于解决东盟国家安全关切,掌控南海局势。

Recently, China＇ s capability in influencing the status quo of the South China Sea has been increasing gradually, and the environment in this region tends to be stabilized. Nevertheless, with the gradual imple- mentation of the US ＂Indo-Pacific Strategy＂ that is mainly directed at the South China Sea, there still exist some factors affecting its stabilization. The key to safeguarding the rights and interests in the South China Sea involves motivating ASEAN into a position so as to realize the consultation and negotiation on A South China Sea Code of Conduct and counteract the frequently military interventions from other countries outside this region. Under the international rule of law, China should give high priority to the thinking strategy that considers the application of maritime forces for the realization of safeguarding the rights and interests in the South China Sea within the frame- work of diplomacy and law. The naval diplomacy serves as a national diplomatic tool that is closely related to the development of marine strategy and has both the hard power backing and the soft power advantage, which is sup- posed to be a powerful weapon for safeguarding the rights and interests in the South China Sea. It is suggested that the legal application of naval diplomacy can extend the maritime security cooperation with the ASEAN coun- tries and make up for the deficiencies in lacking the strategically mutual trust between China and ASEAN, which will be of great help for settling the security concerns of the ASEAN countries and holding down the South China Sea situation.