The Abstracts of Vol.5,2018

Releasing Time：09.16.2018Source：亚非发展研究所英文

Practices and Factors for the United States to Deal with

Disputes over Maritime and Territorial Rights

Sun Tianxu and Jia Qingguo

    Territorial and boundary dispute is an important factor in international relations and regional stability. It will easily lead to confrontation and war between countries if mishandled.. As the most powerful country in the world, the United States also has disputes over maritime and territorial rights with the other countries. After World War II, the United States has adopted four main approaches in dealing with disputes over territorial and maritime rights, including waiver of claims, diplomatic negotiations, submission to international arbitration and suspension of disputes. When dealing with territorial and maritime rights and interests, the United States focuses on pursuing national interests as well as principles of certain values. By the consideration of interests and principles, the United States adopted those approaches in dealing with maritime rights and territorial disputes, thus avoiding deterioration of relations with the involving countries and unexpected conflicts.

 

Analysis on the Relationship of “Self” and “Other”:

Media Opinions and National Identity Representations

in the reports on the South China Sea

Arbitration by American Media

Chen Yali

    This study focused on the 114 reports of the South China Sea Arbitration from American national and local media between July 13 to 28, 2016. Based on the content analysis and the frame theory, the study explored the differences between the American and Chinese national identity represented by the US media covering the South China Sea Arbitration. It reveals that the American media represented the USA itself as a “defender of international rules” and “phantom of justice” in the reports, which helped legalize the USA as a hegemony in the Southeast Asia; on the other hand, they negatively represented China to be a “destroyer of rules” and “dangerous other” to define China´s national identity to be a “Challenger” of regional order.  Above all, there are three features in these reports: （1）laying stress on the positive effects of American hegemony on existing regional order, （2）projecting conflicting relations between China´s intention as a rising power and international dominant norms, （3）emphasizing its southeast partners as weak nations and itself as an important regional balance. In summary, when partially and differently framing the USA and China, the American media are based on certain international and domestic dominant norms, and further strengthen the common view of its norms.

 

The Characteristics and Strategic Consideration

of Japan´s “Gray Zone Situation”

Xie Zifei

    Japan´s new Security Law has proposed three “key situations”, namely “Gray Zone Situation”, “Important Impact Situation” and “Life-threatening Situation”. By the rules of the new Security law, in “Gray Zone Situation,” Japan will be entitled to rapidly deploy Self-Defense Forces and provide protection for the assisting U.S forces. Consequently, Japan will be able to dispatch Self-Defense Forces and use strong force without having been subjected to an armed attack. The law has allowed Japan to break through from its “purely defensive” defense strategy and has opened a channel for its ambition of deploying troops overseas. It has violated the pacifism principles underpinned in the Japanese Constitution, and set security risks for the regional order, which has to be highly alerted by its neighboring countries.

 

The Logic of Australia´s Antarctic Strategy and Its Impact

Zhang Liang

    In 2016, Australia issued a new version of the strategy in the Antarctic, further strengthening its capacity building to strengthen the geographical advantage, at the same time, reiterating that it will continue to maintain the effectiveness of the Antarctic Treaty System, and expand international cooperation in the issue of governance. Australia, which takes into account the logic of geopolitics and the logic of global governance, not only can more effectively safeguard their own interests, but also has positive influence to suppress the hegemony of governance in the Antarctic and promote the cooperation in the Antarctic area.

 

Analysis on the Negative Influence and Spillover Effect

of the South China Sea Arbitration and Comment on

The South China Sea Arbitration Awards: A Critical Study

Ding Duo

    The Award of South China Sea Arbitration has many errors in treaty interpretation and application, fact identification and evidence assessment. The negative impact and spillover effects of the award still exist. The Arbitration which cannot resolve the real disputes in the South China Sea, affects the credibility of the dispute settlement mechanism of the United Nations Convention on the Law of the Sea, undermines the integrity of the UNCLOS, and harms the international rules of law. The South China Sea Arbitration Awards: A Critical Study systematically criticizes the award from the legal level and academic perspective. This helps the international community to understand the history, the legal defects and the negative impact of the South China Sea Arbitration.

 

The Evolution and Current Situation of Negotiation of

“Code of Conduct for the South China Sea”

and China´s Countermeasures

Qu Junfeng and Cheng Hanping

    Since the establishment of ASEAN in 1967, ASEAN has been trying to avoid the influence of other countries on its internal unity and development as much as possible, it has been maintaining and continuously shaping its own independence. However, the South China Sea issue which began in the mid-1970s poses new challenges Particularly following the formal dialogue between China and ASEAN in 1991 and the final settlement of the Cambodian issue, the South China Sea issue became a major constraint and key variable for the further development of China-ASEAN relations. The signing of the “Declaration on Conduct of Parties in the South China Sea” （DOC） in 2002 and the agreement of framework of the “Code of Conduct in the South China Sea” （COC） in 2017 are the joint effort of China and ASEAN to resolve the South China Sea issue. In the beginning of March 2018, China and ASEAN gradually initiated text-related consultations on the COC. But due to the complexity of geopolitics, this process is destined to be difficult. This article will review and compare the historical process of DOC and COC, analyze the various challenges which will be faced in the COC text negotiation process, and conclude possible countermeasures on this basis.

 

Code of Conduct for Constructing a Regional

Order in South China Sea

Zhou Shixin

     During the process of consulting the “South China Sea Code of Conduct”, a sub-regional security order with a certain binding force to safeguard the security and stability in the South China Sea is to be built by China and ASEAN member states. It shows that the high level of political security confidence and trust exist among the 11 countries, which lays a basis and guarantee for implementing the Code of Conduct in the future. In many ways, the “South China Sea Code of Conduct” and the “Belt and Road Initiative”, in particular the “21st Century Maritime Silk Road” are much converged, and have a strong foundation for practical application and implementation, and are instrumental in constructing political security and economic order promoted by China and ASEAN member states. China can initiate a South China Sea Cooperation Mechanism including the content of “Belt and Road Initiative”, which is linked to but differentiated from other cooperation mechanism during the consultation and implementation of the “South China Sea Code of Conduct”. Together with ASEAN member states, China will jointly promote South China Sea sub-regional peace and prosperity, and build a new order consistent with the evolutionary situation in the South China Sea in order to provide a favorable environment for the peaceful settlement of the sovereignty dispute over the South China Sea through diplomatic negotiations in the future.

 

The Main Obstacles for the Offshore Oil and Gas

Exploitation Cooperation between China and the

Philippines After the South China Sea Arbitration:

From the Perspective of International Law Analysis

Lei Xiaolu

     Under the joint efforts of China and the ASEAN members, the South China Sea return to peace and stability after the South China Sea Arbitration, and the Parties began to concentrate on push forward the practical maritime cooperation. China and the Philippines have made much effort to promote the maritime cooperation, especially, possibility of cooperation of offshore oil and gas exploitation in the South China Sea. However, the South China Sea Arbitration Award has enlarged the disagreement between the Parties on the question whether the waters near Spratlys is disputed area or not. The Award confirms the position of the Philippines, holding that there are no maritime delimitation disputes in the Spratlys, and derogates China´s position that takes the Spratlys as a whole. The difference between two countries has not been narrowed since the Philippines would not renounce its claims in the Spratlys as well as the South China Sea Arbitration. The “Joint development” policy has to face the biggest obstacle ever. Besides, the domestic laws and regulations of the Philippines would restraint China´s companies in the oil and gas exploitation cooperation in the Philippines indisputable EEZ and continental shelf. Thus, to push forward the oil and gas cooperation in the South China Sea, it is better to discuss the multi-resources exploitation cooperation between China and the Philippines in order to reduce the sensitivity of the oil and gas exploitation. Besides, it is better to distinguish the disputed area and undisputed area and uphold the “joint development” in the disputed area. In the undisputed Philippines´ EEZ and continental shelf, the Chinese companies should follow the Philippines´ domestic laws,begin with the cooperation in the undisputed area and extent to the disputed area in the future.

 

On Comparative Jurisprudence Education and Research

in the Perspective of “Belt and Road”

Gu Huaxiang

    Comparative law research and education is vital to guarantee and promote the sustainable development of “Belt and Road”. Comparative law as an independent branch of law, is an important method of legal research and a full embodiment of comprehensive research ability. Both China and foreign countries have a long history of comparative research on the laws of different countries. In the new era when the concept of constructing the human community of shared destiny has become a broad consensus and “Belt and Road” has broad prospects of cooperation, the research and teaching of comparative law is a very meaningful, challenging and effective work. The research and education of comparative law is the basic work of training legal talents with international vision and ability of comparative research. The research findings and legal talents in comparative law are greatly needed to build a human community of shared destiny and to construct “Belt and Road”. And it is also urgent to find out the best scheme and the most convenient way through comparative law research to solve a series of important issues for the best economic and social effect and the rule of law effect.