马六甲海峡过境通行制度形成过程中的博弈及其启示

Games and Insights in the Formation of Transit Passage in the Strait of Malacca

围绕马六甲海峡的航行制度,印度尼西亚、马来西亚、新加坡等沿岸国同美国、日本、俄罗斯、英国等使用国在二战后经历了长期而复杂的博弈,最终创造性地达成妥协,于1982年《联合国海洋法公约》形成之时确立过境通行制度。本文尝试基于国际关系的视角分析各方的博弈过程,将过境通行制度视为对各方共同认可的权利分配方式的制度化表达,并认为诉求重组是其关键成因之一。一方面,三个沿岸国于谈判前期解决了彼此的领海争议,逐渐形成统一的诉求并不断重申;另一方面,使用国围绕共同目标分别提案,并彼此应援,试探沿岸国的让步空间。最终沿岸国缩小了领海主张,确保使用国船舶在任何时候都能通过海峡;使用国则减少了对沿岸国的干预,使其得以独立行使主权和管辖权,从而达成多方共赢。本文通过个案研究,探析大国与小国针对特定议题进行博弈并达成共赢的内在机制,对南海通行规则相关问题的化解应有所启发。

During 1973 to 1982, some coastal countries such as Indonesia, Malaysia, and Singapore, as well as many users such as the United States, Japan, Russia, the United Kingdom experienced a long and complex game around the navigation principle in the Strait of Malacca. Finally, transit passage was established when the United Nations Convention on the Law of the Sea was formed in 1982. Inherent research path of international law is often based on the interpretation of the specific meaning and applicability of transit passage, while from the perspective of international relations, this paper views transit passage is the institutionalized expression of the interest distribution agreed mutually. Reorganization of the core demands of all parties is its key cause. From one hand, the three coastal states resolved their territorial sea disputes in the early stage of negotiation, forming a unified regional appeal and reiterating constantly. From other hand, U. S., Japan, Russia, Britain and other user states made some proposals around the common goal separately, testing the possibility of concessions among coastal states. The result of this negotiation is, coastal states diminished its territorial authority to ensure the pass of user states at all times, as well as the user states reduced its interference to the strait by allowing coastal states to exercise its sovereignty and jurisdiction independently. This paper analyzes the internal mechanism of game and win-win situation between different sizes countries through this case study. At the same time, this paper will also provide some enlightening significance for exploring the creation of the principle of transit passage in the disputed sea areas such as the South China Sea in practice.