The Abstracts of Vol.6,2018
Releasing Time：11.16.2018Source：亚非发展研究所英文
United Nations Convention on the Law of the Sea:
Impetus and Obstructions for the Dispute Settlement in
the South China Sea
Hong Nong
The Interpretation of Article 121（3）of the UNCLOS
and Rethinking on the South China Sea Arbitration
Dong Limin
There have been always disagreements on the negotiation process of the Third United Nations Conference on the Law of the Sea on whether to rely on certain standards to claim the exclusive economic zone or continental shelf based on the island. The United Nations Convention on the Law of the Sea only makes ambiguities under Article 121, paragraph 3This provision not only does not define the rocks, but also avoids the exact division between rocks and islands. The interpretation of Article 121, paragraph 3, of the Convention is a matter of concern to many international law scholars. In its Award on Jurisdiction, the tribunal of South China Sea Arbitration interpreted Article 121（3）first, and then concluded that all of the features in the Spratly Islands are legally“rocks”that do not generate an exclusive economic zone or continental shelf. The tribunal's interpretation of Article 121（3）of the UNCLOS and the determination of the legal status of the features in the Spratly Islands are clearly flawed.
Two-Level Games and South China
Sea Policy of the Philippines
Qiu Zhenwu and Liu Jinyuan
The transformation of Philippine South China Sea policy after Duterte's inauguration has a great effect on the development tendency of the South China Sea. That Duterte choosed to put aside the conflict of South China Sea with China showed that Duterte prefer a more independent, balanced and practical policy on dealing with that conflict. Under the restrict and promotion of“Two-level”games, Duterte's transformation is the need of solving the domestic problems first as well as the active adjustment under the complicated international situation. Duterte's South China Sea policy decreased the intensive conflict of the geo-politics, which can make the situation better and help it grow more peaceful. Nevertheless, there are many uncertainties in the trend of Duterte's South China Sea policy. Duterte will negotiate with China in some concrete aspects like the jointing exploration of the resource in specific area. To maintain territorial sovereignty and maritime rights and interests, China should roll with the punches and make the“China Threat”theory disappear. And so that China can show the image of amity, sincerity, mutual benefit and inclusiveness thus taking the ability of maintaining the peace of the South China Sea as a great power.
The Peaceful Principle in Solving International Dispute and
the South China Sea Issue between China and Vietnam
Chen You-wei-ming 【Viet Nam】 Yang Rongming
Solving the international dispute in a peaceful way is the most basic principle in international regulations. Every country has the responsibility to solve the dispute through nonviolence method. This principle has been formulated long ago, especially after the declaration of the Chapter of the United Nations in 1945. The declaration adopted by the United Nations in 1970 refers to the detailed content of basic principles of international law in regulating relations among countries. Much of the content has been recognized and thought as international conventions. However, much of the content has been argued until now. This article gives consideration to the agreements formulated in the process of solving the South China Sea dispute between China and Vietnam.
A Systematic Study of the Situation in the South China Sea
——Review of the Series of Works by Cao Yunhua and
Ju Hailong,“the Report on the situation of the
South China Sea area”
Wang Sen
After the relative calm period of the first ten years of the twenty-first century, the South China Sea has become a hot area of concern to the international community. With the increasing involvement of the United States, the South China Sea issue risks from the dispute of sovereignty and maritime rights between China and its neighboring countries to the geo-strategic competition between China and the United States. In this context, four versions of the“Report on the situation of the South China Sea area”have been published so far by Professor Cao Yunhua and Professor Ju Hailong. Combining historical analysis with dynamic tracking, this research mainly focuses on the overall situation of the South China Sea region from 2011 to 2014, the policies of the parties concerned in the regional situation and the hot issues in the South China Sea over the years. At the same time, the reasons, present situation and trend of the evolution of the situation are systematically discussed from a historical perspective.
Analysis on the Judgment of the Dispute Concerning
Delimitation of the Maritime Boundary between
Ghana and Coate d'Ivoire in the Atlantic Ocean
——Reflections on China's Maritime Dispute Settlement
Xu Qi
The judgment of the dispute concerning delimitation of the maritime boundary between Ghana and Coate d'Ivoire was issued on September 2017The Special Chamber considered that there was no establishment of a tacit agreement on maritime boundary between two States, which followed the high threshold of international case law in maritime boundary delimitation regarding the identification of existing a tacit agreement. By adopting the approach of the equidistance line/relevant circumstances, the Special Chamber maintained the consistency in the methodology of maritime delimitation. With regard to unilateral oil exploitation activities in the disputed waters, the Special Chamber determined that Ghana neither violated sovereign rights ofCoate d'Ivoire, nor breached the obligation to negotiate in good faith and the obligation not to hamper or prejudice the reaching of the final agreement. However, this decision may encourage other states in other disputed waters before delimitation to increment unilateral oil activities. In the context of the dispute settlement of the East China Sea and South China Sea, the Ghana and Coate d'Ivoire case provides some references for China. Research on this latest maritime delimitation case requires to be strengthened which will help China make full preparations for negotiation and consultation to address maritime disputes in the near future.
The Transformation of Security Concept and the Joint
Military Exercise of the Shanghai Cooperation Organization
Wang Shuchun and Zhang Na
After the Cold War, the system of international security has undergone dramatic changes. Non-traditional security has become an important threat to national interests and world security. The traditional concept of security has gradually shifted to a new security concept. The Shanghai Cooperation Organization was born in the context of the transformation of the security concept and is also an advocate and practitioner of the new security concept. The SCO has always regarded the fight against the“three forces”as its important mission. Joint military exercise within the organization is an important way to combat terrorism. Under the guidance of the“Shanghai Spirit,”the SCO increases mutual trust and communication through cooperation among member states, which will play a huge role in realizing regional peace and stability. In the face of the doubts about the nature of the SCO, a systematic and comprehensive interpretation of the SCO from the perspective of security concept is crucial to dispel the doubts of the west and promote the development of the SCO. The“Peace Mission”series of military exercises are the largest and most influential security cooperation projects under the framework of the SCO. In-depth analysis of them is an important way to understand the security concept of the SCO.
The Main Conventions of International Treaties on
Overseas Military Bases from the Treaty of
Peace between Britain and Spain
Yang Zhirong
Britain signed the Treaty of Peace with Spain on July 13, 1713, forcing Spain to cede Gibraltar to itself, thus establishing a military base in Gibraltar, which has been in use ever since. The Treaty of Peace clearly stipulated the time limit for Gibraltar's cession, the relationship between Gibraltar and other Spanish territories, the rights of local residents, the entry into force of treaties and the settlement of disputes. By sorting out and analyzing the typical case of the Treaty of Peace between Britain and Spain, we can better understand the background of the establishment of the British military base in Gibraltar, the legal status of the garrison, the function of the base, the rights and obligations of both sides, the rights of local residents, the restrictions on other countries and the validity of the treaty. The transfer of bases and the settlement of disputes can give us a glimpse of the relevant agreements of international treaties on the deployment of overseas military bases. To study and understand these international practices has certain reference value for China to deploy overseas military bases steadily and smoothly.
The Challenges Facing China's Investment in
Malaysia after the 14th General Election
Zhang Miao
The 14th Malaysian general election in 2018 saw Barisan Nasional defeated by the opposition Pakatan Harapan, witnessing a power transition for the first time since Malaysia's independence in 1957. This article discusses the changes and characteristics of the incumbent government's policy on China, followed by an analysis of the risks and challenges facing China's investment in Malaysia. This paper argues that while Chinese investment in Malaysia has become a major topic in the election champion, it is its involvement with Malaysia's domestic affairs, that makes it a major concern for the voters in the election. In the short run, the power restructure triggered by the change of government would certainly bring about uncertainties to China's investment, but the refurbishment of rigid patronage system and monetary politics in BN era would definitely create a positive impact on not only Malaysia's social and economic reform in the short run, but also China-Malaysia relations in the long run.