欧盟与国际海洋争端解决

The European Union and the Settlement of International Maritime Disputes

得益于欧盟法和国际法的发展,欧盟作为一个国际组织处理国际海洋争端,无论是欧盟基础条约还是《联合国海洋法公约》都提供了明确的法律依据可以援引。采用和平方法解决国际争端,包括国际海洋争端,是欧盟一贯坚持的基本立场。总体上,欧盟在早期更习惯通过谈判协商解决国际争端,对强制程序持谨慎态度,20世纪90年代之后才开始逐渐推崇强制程序。但它对公约规定的海洋争端解决强制程序还是心存疑虑,相关言行时有矛盾之处。对于涉华东海、南海相关争端的解决,欧盟作为局外人的态度更加复杂、摇摆。在南海仲裁案期间,它对解决东海、南海相关争端的立场和主张受到政治因素的明显影响,言行表现出"站队"逻辑。在实践中,欧盟都是通过谈判协商来解决国际海洋争端。即使在强制程序启动之后,它仍然力求通过谈判协商解决争端并能达致这一目标。这完全符合公约优先适用当事方自行选择的和平方法以解决争端的规定,符合和平解决国际争端的基本精神。

Express legal bases have been enshrined in the basic treaties of the European Union(EU)and the United Nations Convention on the Law of the Sea(UNCLOS)for the EU as an international organization to deal with international maritime disputes.To settle international disputes,including international maritime disputes,through peaceful means has always been the fundamental position of the EU.In the early years after its foundation,the EU was inclined to settle international disputes through negotiations and consultations and cautious about the compulsory procedures.However,it began to advocate the compulsory procedures since the 1990s.The EU still,nevertheless,has doubts about the compulsory procedures for the settlement of maritime disputes under UNCLOS,which can be seen in the contradictions inherent in its words and actions in terms of the settlement of international maritime disputes.The EU’s attitude as an outsider to the settlement of disputes in the East and South China Seas is more complicated and ambivalent.In the case of the South China Sea Arbitration,its positions on the settlement of disputes in the East and South China Seas had obviously been influenced by political factors,with its statements and behaviours demonstrating the logic of“Taking the Side”.In practice,the EU has always been seeking to resolve its international maritime disputes with a third party through negotiations and consultations.Even after the initiation of the compulsory procedures,it still sought to resolve the disputes through negotiations and consultations and was always able to achieve its goal at the final stage.This is fully in line with the provisions of UNCLOS to settle disputes by any peaceful means chosen by the parties and with the basic spirit of peaceful settlement of international disputes.