试论中菲南海仲裁案

A Discussion on the Philippines'South China Sea Arbitration Case against China

2013年1月22日,菲律宾就中菲南海争议启动国际仲裁程序,引发国际社会的高度关注。菲提起仲裁的依据是《联合国海洋法公约》第287条及附件七规定,其真实诉求是获得南沙部分岛礁和黄岩岛主权,以及明确菲群岛基线向海200海里海域为菲专属经济区和大陆架,以便以"合法"身份开采其中的海洋资源。中方基于菲方违反《南海各方行为宣言》共识、菲所提事项存在事实和法律上的错误以及对中方的不实指责等拒绝参与仲裁。未来仲裁法庭可能受理菲部分诉求,并作出对中菲有拘束力的裁决,由此给中方带来一定程度的负面影响。然而,争端方要真正解决问题,还须在彼此尊重的基础上寻找双方均能接受的方式,达成的协议才可能被双方自觉遵循。

On January 22,2013,the Philippines instituted an international arbitration procedure against China to manage to resolve the dispute of the South China Sea with China,which caused great concern of the international community. The arbitration initiated by the Philippines is based on the provisions of Article 287 and Annex VII of the United Nations' Convention on the Law of the Sea( UNCLOS),and its real intention is to be granted the sovereignty of some shoals and reefs of Nansha Islands and the Huangyan Island,as well as to confirm the 200- nautical- mile waters of the seaward baseline of the Philippine Islands as its exclusive economic zone and continental shelf,in order to exploit the marine resources on the ' legal' status. China refused to participate in the arbitration on the grounds that the Philippines violates the consensus of the Declaration on the Conduct of Parties in the South China Sea,there are factual and legal errors in the claims raised by the Philippines,and it made false accusations against China. In the future,the arbitral tribunal may accept and hear the case the Philippines appealed and make a ruling that is binding both on the Philippines and China,hence creating a certain degree of negative impact on China. However,if the parties in the dispute really want to solve the problem,they must find a mutually acceptable way on the basis of mutual respect; only then the agreement reached can be honored by both parties consciously.