东盟管理争端机制及其效用分析

The Management of ASEAN Dispute Settlement Mechanisms and Their Utility Analysis

东盟的成立不仅源于东南亚各国应对冷战时期美苏之间的激烈博弈,而且源于各国之间存在着严重的领土主权争端。东盟自成立以来,通过了一系列关于应对各成员国领土主权争端的政策文件,并提出了相应的组织程序和运行规范。然而,迄今为止,东盟各成员国或者没有启动过东盟管理和解决争端机制,或者未批准有可能对自己具有强制力的文件。东盟成员国在维持地区安全局势总体稳定的情况下,通过多年的双边外交谈判,或者通过诉诸东盟外争端解决机制,特别是国际法院,解决了相互间的领土主权争端。东盟管理和解决争端机制存在着启动难、专业性弱、程序烦、决策政治性强和无执行力等缺点,无法得到东盟成员国的重视和尊重。东盟争端管理机制在南海问题上的适用性不强,但中国需要借鉴和利用东盟国家关于管理领土主权和海洋权益争端的经验和教训,在南海领土主权争端中获得更多的话语权,争取对自己有利的和平环境。

The establishment of ASEAN was not only derived from the countermeasure of the Southeast Asian countries to cope with the intense struggle between the United States and the Soviet Union during the Cold War,but also due to the existence of serious disputes of territorial sovereignty among them. Since its establishment,ASEAN adopted a series of policy documents and set the corresponding organizational procedures and operational norms to deal with the territorial disputes among its member states. However,ASEAN member countries have neither initiated ASEAN mechanisms to manage and settle their disputes nor ratified the documents that may be enforceable upon themselves to date. While maintaining the overall stability of the security situation in the region,ASEAN member countries have settled their territorial disputes among them either through years of bilateral diplomatic negotiations or by resorting to the mechanisms of dispute settlement outside ASEAN,the International Court in particular. ASEAN mechanisms of dispute management and settlement have the shortcomings such as the difficulty of initiating,weak professionalism,tiresome procedures,strong politicalized decision- making and poor enforceability,so they cannot be taken seriously and respected by the members of ASEAN. The applicability of ASEAN dispute management mechanisms on the South China Sea issue is not strong,but China needs to learn from and utilize the experience and lessons of ASEAN countries concerning the management of the territorial sovereignty disputes and maritime interests,get more say on territorial sovereignty disputes in the South China Sea,and strive for a peaceful environment to its advantage.