全球海洋法治面对的挑战与对策

Challenges and Strategies for the Global Rule ofLaw for Oceans

构建海洋命运共同体需要各国致力于依法治海,合作建设全球海洋法治的环境。然而目前国际社会面对这一需求,不但欠缺成文的国际海洋法规范,习惯国际法也因为种种困难而高度欠缺。加上世界上许多小国欠缺依法治海的科技能力或财务能力,导致海洋上的权利关系不平衡。此外,最难以解决的问题还是若干传统海洋霸权国家的政治领袖,始终默默抱持着“欧洲中心主义”或冷战思维,无意推展海洋法治。本文就这些挑战一一举出了具体的实例与分析,并建议善用双边与区域协议,提高习惯法的地位,强化联合国系统,联合世界上坚持主权平等的国家群体,共同面对困难,发挥集体智慧,不急不躁地逐步推展海洋法治。

To construct a maritime community of shared future needs countries to commit themselves to gov⁃erning the oceans by law and to cooperate to build a global maritime legal environment.However,we are not only in lack of the statutory law of the sea,but also customary international legal norms.More seriously,many smaller countries are in lack of scientific,technological and financial capabilities to rule their seas by law.This has led to the imbalance of the maritime rights and duties in the international marine community.However,the most difficult obstacle for establishing the rule of law for the oceans exists in the subjective willingness of a few maritime hegemonic powers.Some of their political leaders silently insist on the Euro⁃centralism and the cold war logics,and have little intention to promote the rule of law for international mari⁃time affairs.This article gives various substantive examples to illustrate these challenges,and suggests that we could take advantage of bilateral and regional agreements,elevate the legal status of the customary inter⁃national norms,strengthen the UN system and cooperate with other countries insisting on sovereign equality,to cope with these difficulties with common wisdom.And collectively and eventually we shall es⁃tablish the desired rule of law for oceans for a maritime community of shared future.