The Abstracts of Vol.2,2018
Releasing Time:03.16.2018Source:亚非发展研究所英文
Research on Maritime Territory Security in theSouth China Seaunder the New Situation
— Based on the Perspective of Xi Jinping's Overall National Security Concept
Jing Weiwei and Gong Jianhua
On April 15, 2014, Chinese President Xi Jinping put forward the “homeland security” into the “overall national security concept” category at the first meeting of the State Security Committee. Since then, homeland security, especially maritime territory security, has attracted widespread attention among scholars. And the maritime territory of theSouth China Seahas been more attention. In particular, in the new situation of China's “The Belt and Road Initiative” strategy promoting the process of globalization, the maritime territorial security of the South China Sea is of great significance to the construction of the 21st-Century Maritime Silk Road. This article tries to study how to safeguard the maritime territorial safety of the South China Sea from the perspective of Xi Jinping's overall national security concept.
A Critical Study on the United States' Safeguarding
of the “Jurisprudential-Based Ocean System”
Wang Sen and Feng Liang
As a marine power,the United States is actively safeguarding the“jurisprudential-based ocean system”,which is an important part of its intention to leading the world and the international system. Starting from the national independence,the United States has made the positive efforts to influence the institutionalization of the sea order. Along with the continuous development of the national strength and the evolution of the international situation,the United States has gradually played the role of leading the institutionalization of the sea order; at the same time,for the sake of safeguarding its national interests,the United States is out of the legal arrangement of global sea order. In fact,this behavior has inherent contradictions,and brings adverse effects on the stability of the global sea order. In particular,after the Second World War, the United States has taken comprehensive methods to promote its contradictory concept of “jurisprudence-based ocean system”. The systematic review of the historical behavior of the United States can provide experience and lessons for China's participation in the construction of a more rational and standardized sea order.
The Attribute of DOC and its Exclusion of
Dispute Settlement Mechanism under UNCLOS
Fan Wenguang
Whether DOC (Declaration on the Code of Conduct on the South China Sea) is a political document or a legal agreement,and whether the provisions of dispute settlement through negotiations can be applied to exclude the dispute settlement mechanism under UNCLOS? Both are controversial legal issues. Both thePhilippinesand the arbitration courts hold that DOC is merely a political document and is not legally binding. Even if it has certain legal effect,the dispute settlement mechanism under UNCLOS can not be excluded. China advocated DOC is a legally binding agreement between countries; the negotiation method to resolve the dispute is unique and exclusive,thus the Philippines can not appeal for arbitration according to the dispute settlement mechanism under UNCLOS. This article holds that DOC is a legally binding treaty; whether it can exclude the dispute settlement mechanism under UNCLOS is a legal issue. From the perspective of the law of the sea,according to the article 281 of UNCLOS,the dispute settlement mechanism can not be excluded,only be confined. From the perspective of treaty law,DOC can directly exclude the dispute settlement mechanism. The article firstly raises two legal disputes from theSouth China Seaarbitration case. Secondly,the treaty attribute of DOC is demonstrated. Third,from the two perspectives of the law of the sea and treaty law,the article analyzes how the dispute settlement mechanism under UNCLOS be excluded.
Research on Marine Policy Coordination
Mechanism inSouth China Sea
Zhang Ersheng Lin Yuzhen and Xu Hua
The South China Sea is the strategic fulcrum of buliding China's marine power,it is crucial for China to develop the close economic connections with the neighboring countries of the South China Sea and formulate the suitable marine policy. Based on the theory of integration,the historical facts as the background and the actual data and the economic analysis of the necessity and possibility of the coordination of ocean policy between China and the neighboring countries of the South China Sea,the article puts forward the basic strategy of marine policy coordination in the South China Sea: to reshape the strategic mutual trust relationship,to promote policy coordination through institutional innovation,and to take the road of progressive policy coordination to reach the goal of establishing the South China Sea Community.
Narration and Comment on the Main Characteristics of
theU. S.Policy towards theSouth China Sea: 1950-1990
Jia Qingjun
The United States took a completely hostile containment policy to New China,which made America deny China's sovereignty over the South China Sea when America led to enact the Treaty of Peace with Japan. This is the beginning of theU.S.policy towards theSouth China Seain 1950s. Under this policy,the United States incorporated the South China Sea into its anti-Communism defensive ring,and frequently invaded the South China Sea,and abused the sovereignty of China in the South China Sea; meanwhile,America took “nonintervention” policy to the claim of the Philippines and South Vietnam over the South China Sea,showing that the United States's best interests in the South China Sea is to contain communism. But from the beginning of 1970s,with the improvement of Sino-US relations,America took some neutral ground on the SCS issue,while the U.S. still didn't publicly acknowledge China's sovereignty over the South China Sea,and was still behindSouth Vietnam. The U.S.'s policy at that time showed that the neutrality was relative and the ideological factors still influenced the United States'policy in the South China Sea. Until 1990 with the rapid rise of China,America changed the focus of the South China Sea policy from containing communism in the ideology to containing China's rise in the development.
Evading the Dilemma of Collective Action during the Process of Implementing“Belt & Road” Initiative: the Reinterpretation of Olsen's Classic Theory and Humble Advice on the Development of “Belt & Road” Initiative
Wang Shoudu
“Belt & Road” Initiative,short for “establishing the Silk Road Economic Belt and the 21st-century Maritime Silk Road”and advanced by President Xi Jinping during his visit to Indonesia and Kazakhstan, has been implemented by the Chinese government for 4 years. During this period,the “Belt & Road Initiative” has witnessed positive response and active participation from the countries along the Belt & Road. During the 19th National Congress of the Chinese Communist Party which just concluded recently,“Belt & Road” Initiative, together with “Four Confidence”,became hot words of current politics,which sufficed to demonstrate the significance of the Initiative. In actuality,since 2013, the Chinese government has been making tremendous contributions to the concept promotion and institution-building of “Belt & Road”Initiative and assisting the countries along the Belt & Road in infrastructure construction and financial investment. Although “Belt & Road Initiative” has made some achievement,some problems persist. This thesis attempts to employ the collective action theory from Mancur Lloyd Olson as the analytical framework,selects two key words,namely “public goods”and“selective incentive” to reinterpret,and finally resorts to these concepts to furnish some advice on the further development of the “Belt & Road” Initiative.
Global Ocean Governance: the Essence of
Object and Its Influence
Yuan Sha
Recognizing and studying global ocean governance's objects is the key and preconditions of initiating global ocean governance. The objects are global ocean problems caused by human practices on ocean. The essence of the objects is a result of interactions of the contradictions between man and ocean and the conflicts between people,which not only effect the ocean sustainable development,but also endanger the existence of human society.
The Role ofLaosin Lancang Mekong Cooperation
Yang Zhuojuan
Lancang-Mekong cooperation is a sub-regional cooperation practice and an important platform for China to implement the Belt and Road Initiative in Southeast Asia,which adds new meaning for China-Asean cooperation and embodies responsibility of being a big power in the region for China. It's purpose is to promote common destiny of the group. Laos locates in the central position of the Mekong basin, with stable domestic political situation,and the relationship between Laos and China is friendly well,with high degree of political trust,from official to ordinary ones almost all bear positive response to Lancang-Mekong cooperation mechanism. All of these enableLaosto play a pivot role in building Lancang-Mekong cooperation.
French Asia-Pacific Strategy and China's Response
Ye Shengxuan and Song Xiuju
From the aftermath of the Cold War to the 21st century,French Asia-Pacific strategy transformed from “active participation” at the very beginning to “ephemeral ignorance” at the end of 1990s,and to “comprehensively pivot to Asia-Pacific” at present. The objects of French Asia-Pacific strategy include close economic cooperation with Asia-Pacific countries,advancement of military and security presence in this region,and global coverage of French national interests to rebuild its big power position in the world. In terms of path choice of implementing its Asia-Pacific strategy,France proactively involves Asia-Pacific affairs in the aspects of military,politics,economics,and culture,to defend and increase its strategic interests in Asia-Pacific region. French Asia-Pacific strategy exerts direct pressure upon China's neighboring security. Hence,China should enhance strategic coordination with France,promote cooperation with Asia-Pacific countries,and consolidate coordination with extraterritorial stakeholders of Asia-Pacific to propose and construct new regimes of Asia-Pacific security,to maintain and preserve peace,development and prosperity in Asia-Pacific region.