南海爭(zhēng)端解決模式比較分析
發(fā)布時(shí)間：2018-08-28 06:44
【摘要】：南海處于太平洋和印度洋連接的交通要沖之地,地緣戰(zhàn)略位置十分重要。隨著20世紀(jì)70年代南海豐富的資源被勘探和開發(fā),我國與越南、菲律賓、馬來西亞、印度尼西亞等國在南沙群島的島嶼主權(quán)與南海海域劃界問題上產(chǎn)生了爭(zhēng)端并且爭(zhēng)端長期未解決。這樣不僅導(dǎo)致南海周邊國家有聯(lián)合制衡中國的行動(dòng),而且使得該區(qū)域外大國染指該地區(qū)。若美國插手南海,與韓、日聯(lián)手將完成對(duì)中國的圍堵,不僅僅使得南海問題更加棘手,臺(tái)灣問題也更難解決,我國國家安全將受到嚴(yán)重威脅,甚至引發(fā)地區(qū)安全穩(wěn)定。南海爭(zhēng)端長期未解決也導(dǎo)致南海海盜活動(dòng)的猖獗和海洋環(huán)境治理問題嚴(yán)重。我國在南沙海域的形勢(shì)非常嚴(yán)峻,解決難度相當(dāng)大。 就目前南海局勢(shì)來看,主權(quán)爭(zhēng)議不可能在短時(shí)期得到徹底解決,因此我們聚焦在研究如何構(gòu)建解決南海問題的相關(guān)模式上。中國抱著和平解決爭(zhēng)端的態(tài)度,正視這些爭(zhēng)端,提出“擱置爭(zhēng)議、共同開發(fā)”,尋求問題的解決。不可否認(rèn),“擱置爭(zhēng)議、共同開發(fā)”南海資源已成為南海爭(zhēng)端國家的共識(shí)。但是共同開發(fā)中存在的主權(quán)問題要求各南海爭(zhēng)端國做出一定的妥協(xié)和讓步。如何進(jìn)行共同開發(fā),如何使各國妥協(xié)、讓步、并且認(rèn)同共同開發(fā)的模式,很多國際海洋法研究專家和政府官員紛紛提出了各種解決模式為相關(guān)國家的決策人思考。 本文在對(duì)南海爭(zhēng)端的起因、現(xiàn)狀和其導(dǎo)致的影響進(jìn)行了分析之后,介紹了幾種代表性的南海爭(zhēng)端解決模式,重點(diǎn)分析瓦倫西亞的南�！肮补堋蹦Ｊ�,將其與鄧小平同志的“擱置爭(zhēng)議、共同開發(fā)”進(jìn)行比較分析,分析其積極意義和作用,并試圖借鑒其深刻的理論和實(shí)踐價(jià)值。在此基礎(chǔ)上,文章運(yùn)用國際機(jī)制的理論對(duì)南海爭(zhēng)端解決模式的構(gòu)建困局進(jìn)行了分析,但是中越之間關(guān)于《北部灣領(lǐng)海、專屬經(jīng)濟(jì)區(qū)和大陸架的劃界協(xié)定》和《北部灣漁業(yè)合作協(xié)定》的成功簽署,說明構(gòu)建解決南海爭(zhēng)端的解決模式上是可行的,這些南海解決模式在一定程度上具有可取之處。南海爭(zhēng)端模式強(qiáng)調(diào)的“共同開發(fā)”合作機(jī)制前景是極為廣闊的。最后,文章從政治、經(jīng)濟(jì)和司法途徑對(duì)南海爭(zhēng)端解決模式的構(gòu)建進(jìn)行了思考。
[Abstract]:The South China Sea is located at the point of communication between the Pacific Ocean and the Indian Ocean, and the geo-strategic position is very important. With the rich resources of the South China Sea being explored and exploited in the 1970s, China and Vietnam, the Philippines, Malaysia, Indonesia and other countries have a dispute over the sovereignty of the Nansha Islands and the delimitation of the South China Sea and the dispute has not been resolved for a long time. This has not only led to joint checks and balances on China by neighboring countries in the South China Sea, but has also allowed major powers outside the region to gain access to the region. If the United States interferes in the South China Sea, it will complete the containment of China with South Korea and Japan. It will not only make the South China Sea issue more intractable, but also make the Taiwan issue more difficult to resolve. China's national security will be seriously threatened, and even regional security and stability will be triggered. Long-unsolved disputes in the South China Sea also lead to rampant piracy in the South China Sea and serious problems in the governance of the marine environment. The situation of our country in Nansha sea area is very serious, the solution is quite difficult. From the point of view of the current situation in the South China Sea, the sovereignty dispute can not be completely resolved in a short period of time, so we focus on how to construct a relevant model to solve the South China Sea problem. With the attitude of peaceful settlement of disputes, China has faced these disputes squarely and proposed "shelving disputes, developing jointly" and seeking solutions to the problems. Undeniably, "shelving disputes, jointly developing" South China Sea resources has become the consensus of South China Sea dispute countries. However, the sovereignty issue in joint development requires some compromise and concessions from the South China Sea dispute states. How to carry out joint development, how to make countries compromise, and identify with the model of joint development, many international law of the sea experts and government officials have proposed a variety of solutions for the decision makers of the countries concerned. After analyzing the causes, present situation and influence of the South China Sea dispute, this paper introduces several representative South China Sea dispute settlement models, focusing on Valencia's South China Sea "Common Management" model. This paper compares it with Comrade Deng Xiaoping's "shelving controversy and developing jointly", analyzes its positive significance and function, and tries to draw lessons from its profound theoretical and practical value. On this basis, the paper analyzes the difficulties of constructing the dispute settlement model in the South China Sea by using the theory of international mechanism, but between China and Vietnam on the "Beibu Gulf territorial sea", The successful signing of the Agreement on the Delimitation of the exclusive Economic Zone and the Continental Shelf and the Agreement on Fisheries Cooperation in the Beibu Gulf show that it is feasible to construct a settlement model for the South China Sea dispute, and these South China Sea settlement models have some merits to some extent. The South China Sea dispute model emphasizes the "joint development" cooperation mechanism prospect is extremely broad. Finally, the paper thinks about the construction of the South China Sea dispute settlement model from the political, economic and judicial approaches.
【學(xué)位授予單位】：上海師范大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2011
【分類號(hào)】：D993.5
本文編號(hào)：2208599
[Abstract]:The South China Sea is located at the point of communication between the Pacific Ocean and the Indian Ocean, and the geo-strategic position is very important. With the rich resources of the South China Sea being explored and exploited in the 1970s, China and Vietnam, the Philippines, Malaysia, Indonesia and other countries have a dispute over the sovereignty of the Nansha Islands and the delimitation of the South China Sea and the dispute has not been resolved for a long time. This has not only led to joint checks and balances on China by neighboring countries in the South China Sea, but has also allowed major powers outside the region to gain access to the region. If the United States interferes in the South China Sea, it will complete the containment of China with South Korea and Japan. It will not only make the South China Sea issue more intractable, but also make the Taiwan issue more difficult to resolve. China's national security will be seriously threatened, and even regional security and stability will be triggered. Long-unsolved disputes in the South China Sea also lead to rampant piracy in the South China Sea and serious problems in the governance of the marine environment. The situation of our country in Nansha sea area is very serious, the solution is quite difficult. From the point of view of the current situation in the South China Sea, the sovereignty dispute can not be completely resolved in a short period of time, so we focus on how to construct a relevant model to solve the South China Sea problem. With the attitude of peaceful settlement of disputes, China has faced these disputes squarely and proposed "shelving disputes, developing jointly" and seeking solutions to the problems. Undeniably, "shelving disputes, jointly developing" South China Sea resources has become the consensus of South China Sea dispute countries. However, the sovereignty issue in joint development requires some compromise and concessions from the South China Sea dispute states. How to carry out joint development, how to make countries compromise, and identify with the model of joint development, many international law of the sea experts and government officials have proposed a variety of solutions for the decision makers of the countries concerned. After analyzing the causes, present situation and influence of the South China Sea dispute, this paper introduces several representative South China Sea dispute settlement models, focusing on Valencia's South China Sea "Common Management" model. This paper compares it with Comrade Deng Xiaoping's "shelving controversy and developing jointly", analyzes its positive significance and function, and tries to draw lessons from its profound theoretical and practical value. On this basis, the paper analyzes the difficulties of constructing the dispute settlement model in the South China Sea by using the theory of international mechanism, but between China and Vietnam on the "Beibu Gulf territorial sea", The successful signing of the Agreement on the Delimitation of the exclusive Economic Zone and the Continental Shelf and the Agreement on Fisheries Cooperation in the Beibu Gulf show that it is feasible to construct a settlement model for the South China Sea dispute, and these South China Sea settlement models have some merits to some extent. The South China Sea dispute model emphasizes the "joint development" cooperation mechanism prospect is extremely broad. Finally, the paper thinks about the construction of the South China Sea dispute settlement model from the political, economic and judicial approaches.
【學(xué)位授予單位】：上海師范大學(xué)
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2011
【分類號(hào)】：D993.5
【引證文獻(xiàn)】
相關(guān)碩士學(xué)位論文 前1條
1 朱瑋瓊;試析奧巴馬政府東亞“巧實(shí)力”外交[D];外交學(xué)院;2012年
，本文編號(hào)：2208599
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