南海“九段线”的历史性权利属性

The Historic Right on “Nine-dash Line” in the South China Sea

南海九段线自划定以来,其法律性质一直存在争议。除公认的岛屿归属线性质外,九段线的法律地位还应当包含历史性权利的法律属性。历史性权利不同于历史性水域,中国依据历史实践对线内除领海、专属经济区外的其他海域享有优先权。九段线的历史性权利属性符合中国一贯立场和实践,并不违反《海洋法公约》的相关规定。

There are lots of debates on the legal status of the“Nine-dash Line” in South China Sea since the Line was designated. Except the common theory about the Nine-dash Line is a line of islands ownership, the Historic Right nature should be included as well. The concept of Historic Right is not the concept of historic waters. China was granted priority to the sea waters inside the Line expect territorial sea and exclusive economic zone and other areas according to history. Historic Right theory fits consistent position and practice of China,and does not violate the provisions of the United Nations Convention on the Law of the Sea.