中国与国际海洋法——从《万国公法》到《联合国海洋法公约》

China and the Law of the Sea-From Elements of International Law to United Nations Convention on the Law of the Sea

以《万国公法》为代表的国际法在晚清传入中国后,清廷官员曾尝试学习、运用其中的海洋法章节和内容,以为办理洋务交涉之手段。虽偶有成功案例,但不平等条约中的涉海条款亦无平等可言。民国时期,海洋法在中国有所发展,已经超出了《万国公法》的框架内容。此间,中国遭遇了有史以来的第一桩国际官司。中华人民共和国恢复在联合国的合法席位后,积极参加第三次联合国海洋法会议。团结带领发展中国家,推动变革片面有利于少数海洋大国的旧海洋法规则,为谈判制定新海洋法公约做出不懈努力,在《联合国海洋法公约》开放签署后继续为完善相关制度贡献中国方案。中国统筹推进国内法治和涉外法治,丰富了《联合国海洋法公约》的国家实践。中国对海洋争端强制解决程序的立场保守稳妥,通过参加国际性法庭的咨询意见案,谨慎地迈出了参与国际司法活动的步伐。

After the introduction of international law represented by the Elements of International Law into China in the late Qing Dynasty,the officials of the Qing Dynasty tried to learn and apply the chapters and contents of the law of the sea as a means to handle Sinoforeign affairs.Although there are occasional successful cases,there is no equality in the sea-related provisions of the unequal treaties.During the period of the Republic of China,the law of the sea has developed,which has exceeded the framework of the public internationallaw.Meanwhile,Chinaencountereddthefirst international lawsuit in its history.After restoring its legitimate seat in the United Nations,the People's Republic of China actively participated in the Third United Nations Conference on the Law of the Sea.China united and lead the developing countries to promote the reform of the old rules that are one-sided beneficial to a few maritime powers,made unremitting efforts to negotiate and formulate a new convention on the law of the sea,and continued to contribute Chinese wisdom to the improvement of relevant regimes after the Law of the Sea Convention was opened for signature.China has promoted the rule of law at home and abroad in a overall plan and has enriched the national practice of the Convention.It has taken a conservative and prudent position on the compulsory settlement procedure of marine disputes,and has cautiously taken the step of participation in international judicial activities by taking part in the advisory opinion cases of international courts,tribunal and chamber.