论沿海国在争议专属经济区内对外国船舶污染的管辖权

An Analysis on the Jurisdiction of Coastal States over Pollution from Foreign Vessels in the Disputed Exclusive Economic Zone

《联合国海洋法公约》明确赋予沿海国在专属经济区内对外国船舶污染享有管辖权。在争议专属经济区内,不同声索国均享有对外国船舶污染的管辖权,船旗国享有航行权,进而产生了两组权利冲突。第一组权利冲突是声索国之间管辖权的冲突;第二组权利冲突是沿海国管辖权与船旗国航行权的冲突。针对声索国之间的权利冲突,声索国应履行合作义务和相互克制义务,不得实施影响最终海洋划界的行为。针对沿海国和船旗国之间的权利冲突,沿海国应履行适当顾及义务,尊重船旗国在争议专属经济区内的航行权。面对争议专属经济区内的法律冲突,中国可基于不同身份采取相应策略。作为航运大国,中国可通过国际海事组织积极参与国际航行规则的制定,保障中国船舶在他国专属经济区内的航行权;作为沿海国家,中国可在船舶污染防治方面加强与周边邻国合作,建立防治船舶污染合作机制。

The United Nations Convention on the Law of the Sea clearly establishes the right of coastal state to exercise jurisdiction over pollution from foreign vessels in the exclusive economic zone.In the disputed exclusive economic zone,different claimant states are entitled to exercise jurisdiction over pollution from foreign vessels,and the flag state is entitled to exercise the freedom of navigation,which in turn gives rise to two categories of conflicting rights.The first kind is the conflict of jurisdiction between claimant states.The second kind is the conflict between the coastal state's jurisdiction over pollution from foreign vessels and the flag state's freedom of navigation.In the case of a conflict of rights between claimant States,the claimant state should fulfil its duty of cooperation and its duty of mutual restraint and refrain from engaging in acts that affect the final maritime delimitation.In the case of a conflict of rights between a coastal state and a flag state,the coastal state should fulfil its duty of due regard and respect the right of navigation of the flag state in the disputed exclusive economic zone.In the face of legal conflicts in the disputed exclusive economic zone,as a large shipping country,China can adopt targeted strategies based on different identities.it can actively participate in the formulation of international navigation rules through the International Maritime Organization,so as to safeguard the right of navigation of its ships in the exclusive economic zones of other countries;and as a coastal state,it can strengthen its cooperation with neighbouring countries in the prevention and treatment of vessel source pollution and establish a mechanism for cooperation in the prevention and treatment of vessel source pollution.