Steering wheel
Warships of the United States, France, and Britain via the sea area around the South China Sea and the sea areas around the South China Sea and crossing the Taiwan Strait, which has caused protests from the Chinese government.Therefore, commentators call for a rule -based order for naval actions in East and Southeast Asia to minimize the risk of armed conflict.
This kind of appeal ignored a fact, that is, a set of universal acceptance of countries around the world, and the rules of navy operations at sea have already existed.The relevant rules were included in the United Nations Convention (hereinafter referred to as the Convention) passed in 1982.
The Convention was reached during the Cold War of the 1970s, and there were two superpowers in the world at the time, namely the United States and the Soviet Union.Although there are differences between the two countries, the two countries have the same positions in the convention negotiations on the maritime action issues.This is because to ensure that their navy can move freely around the world and carry out naval operations in marine areas, in line with their common interests.
A win -win plan
Several clauses reflect the major protocol between coastal countries and maritime powers (Grand Bargains).
One of the major agreements is through the navigation system for international navigation and islands.The coastal state -owned power advocates 12 nautical miles of collar sea. The archipelago country enjoys sovereignty over the waters of the islands. The islands waters refer to the waters in the straight base lines of the outer edge of the islands and the outermost edge of each reef.However, the sovereignty in these waters is limited to the traffic system stipulated in the Convention.
The Convention establishes two new traffic systems to ensure that all countries have the right to fly and sail through the strait that all countries through 12 nautical miles of navigation and the islands used for international navigation.These systems provide guarantee for the rights of ships and aircraft to send ships and aircraft through throats. These throat roads are in the islands and the strait used for international sailing.Essence
The second major protocol between the ocean country and the coastal country is to set up a new area MDash; mdash; exclusive economic zone (EEZ).
The exclusive economic zone refers to an area that extends 200 nautical miles from the baseline volume of the 12 nautical miles of the sea.It is not part of the Gonghai, nor is it under the jurisdiction of any sovereignty of coastal countries.On the contrary, in this special area, the rights and jurisdictions of coastal countries, as well as the rights and freedoms of other countries.
The most important agreement is to give the coastal countries to exploration and develop all hydrocarbons and mineral resources in the exclusive economic zone, as well as the exclusive rights of fishery resources.Therefore, the ocean fishing country suddenly discovered that they no longer have the right to fish in their historic fishing areas.
In addition, the exclusive economic zone system gives coastal countries to manage other economic activities in its exclusive economic zone and the right to marine scientific research.
At the same time, all countries enjoy navigation and flying freedom in the exclusive economic zone of each country, as well as other international legal uses related to these free -related marine.The sea of maritime believes that other international legitimate use of the ocean retains their right to carry out traditional naval actions in any country's exclusive economic zone.
All in all, the point of view of a large maritime country is that this system allows the coastal countries to obtain all natural resources in the exclusive economic zone, and retain the freedom of Gonghai to all other countries.
When coastal countries exercise their rights and jurisdictions on the natural resources of its exclusive economic zone, they must properly take into account the rights and freedoms of other countries in the exclusive economic zone.At the same time, to exercise the freedom of public sea in other countries in other countries, the rights and obligations of coastal countries in the exclusive economic zone must be appropriately considered.
China's interests
China participated in the convention's negotiations and approved it.In the negotiations, it believes that the safety interests of coastal countries should receive greater attention for the naval actions of superpowers in coastal countries.However, China's concerns are not reflected in the final package agreement.
China's historical position held in marine military operations does not meet its continuous development of its development in the marine field.China is rapidly becoming a power that can rival the United States and even surpass the United States.
China is the main trading country in the world and a global investor with maritime interests around the world.As a major maritime power, it mobilizes its navy around the world and dispatched naval ships to its potential opponents' coastal monitoring military capabilities. It is China's legitimate rights and interests.
China also has a strong reason to maintain the convention system.Merchants and warships from various ports from China to the Indian Ocean or Europe have to pass through the transit system or the islands' seaway through the throat under the control of the system.The same is true of ships that traveled through the North Port by the port of China.
In short, do not limit the attention of the current foreign warships near the coast of China or the controversial islands controlled by China, or the so -called threats brought by the naval action, and pay attention to how to further promote China as a global benefit of maritime benefits around the world.The long -term interests of the main maritime power are in line with China's national interests.
Once China recognize that its long -term interests are consistent with the explanation of the legal system established in the Convention on the Convention on the Convention, it can establish various mechanisms for the unique situation caused by the sovereignty and marine disputes in the South China Sea, and reduce the risk of the outbreak of conflict.To the lowest.
The author is the director of the Marine Law and Policy Project of the International Law Center of the National University of Singapore Originally contained in the Straits Times Gold Shun Translation
The Chinese government is worried about the transit of Western warships.But this right to transit is in line with China as a maritime power of maritime interests worldwide.
