国际海底区域制度是否具有普遍拘束力?

Is the Regime of International Seabed Area Universally Binding?

《联合国海洋法公约》及其执行协定所建立的国际海底区域制度已经得到国际社会普遍接受,但由于美国未加入,其普遍拘束力仍存疑问。对此,可以从三个层面进行讨论。从习惯国际法的角度分析,人类共同继承财产原则等“区域”原则和规则满足习惯国际法构成要件;虽然《公约》谈判历史资料表明,人类共同继承财产原则作为一个整体无法成为强行法,但其中包含的某些具体规则仍可能构成强行法;此外,“区域”制度中的部分规则也符合客观制度理论,应产生拘束非条约缔约国的效果。因此,尽管“区域”制度整体不具有普遍拘束力,但其中的部分重要原则、规则仍应拘束非缔约国。

The regime of international seabed area established by United Nations Convention on the Law of the Sea and its Implementation Agreement 1994,has been widely accepted by international community. However, since the United States has not joined, its universal binding force is still in doubt. We can elaborate this issue from three levels. From the perspective of customary international law, some principles and rules, such as the principle of common heritage of mankind, can satisfy the constituent elements of customary international law. Although the negotiating history of the Convention shows that the principle of the common heritage of mankind as a whole cannot be jus cogens, some specific rules contained therein may still constitute jus cogens. Moreover, some rules of international seabed regime which are consistent with the objective regime doctrine may bind non-parties to the Convention.Therefore, although international seabed regime as a whole does not have universal binding force, some of its important principles and rules may still bind non-parties.