菲律宾“南海仲裁案”的背景、实质分析:从中美日海权博弈的视角出发

The Background and Nature of the Philippines-Initiated Arbitration Case on South China Sea Issues： From the Perspective of the Game between China, Japan, and U. S. for Maritime Power

基于现行《联合国海洋法公约》的缺陷，以菲律宾“南海仲裁案”为契机，美El中围绕南海海洋争端，凸显出法律框架之外的大国政治博弈。美国采取军事威慑战略，日本实行国际干预战略，中国则兼顾国际法与国际合作，优先采取外交谈判战略。采取上述不同战略的根本实质在于，中美日三国对《联合国海洋法公约》的认知不同，根本原因在于亚太海洋秩序的改变，以及传统海权大国美日与正在发展的新兴海洋强国中国之间的海权博弈。

The game between China, Japan, and U. S. on the issues relat ed to the disputes of South China Sea is actually a game of power politics beyond the frameworks of law, which is built on the defects of the current United Nation Convention of the Law of the Sea （UNCLS） and intensified during the process of South China Sea arbitration case initiated by the Philippines. More specifically, the United States took military deterrence, Japan adopted international interven- tion strategy, while China gave considerations to both international law and inter- national cooperation simultaneously and also made diplomatic negotiations a prior- ity. The fundamental divergence between the strategies adopted by these three countries is largely shaped by the different perceptions of these three countries on the UNCLS, the changes of the maritime order in the Asia-Pacific, and the mari- time game between traditional maritime powers such as the U.S. and Japan and the newly-emerging maritime power such as China.