The Abstracts of Vol.1,2020

Releasing Time:01.16.2020Source:亚非发展研究所英文

State Practice in the Development of International Law of the Sea: The Role of China

 Hong Nong

    China has made great achievements in the development of international law, including, but not limited to, its increased involvement in the negotiations for lawmaking, the implementation of laws and regulations, participation in litigation and arbitration, and proposing the establishment of international organizations. In addition to ratifying the United Nations Convention on the Law of the Sea (UNCLOS) and passing domestic maritime legislations, China has been also actively participating in BBNJ negotiations (an intergovernmental conference on an international legally binding instrument under the UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction) and the development of a regulatory regime for the exploitation of mineral resources in the international seabed. Given these achievements and efforts, it is unfair for China to be criticized for not respecting international law only because of its decision not to participate in the South China Sea Arbitration. China shall emphasize the principle of “state consent” embodied in international law, including the law of the sea, and take the lead in shaping international norms and regulations on global ocean governance. It is China's role to indicate the limitation of UNCLOS, and reshape the narrative on the law of the sea through state practice.


On Sino-US Trade War and the conflictof Japan-US trade and the dilemma of Japan-US alliance

Lian Degui

    Sino US trade war is closely related to Japan US trade frictionAlthough Japan and the United States are allies,the convergence of security interests can not hide the opposite economic interests of both sides. As there's no economic complementarity between the two countries, ecnomic conflict exists. This conflict is not enough to destabilize the US Japanese security system, but the economic game is bound to lead to mistrust, and affect the strategic choices of the two countries. Japan and the United States economic conflict began in textile trade competition. Then it gradually expanded to other fields, and the conflict between the two countries over the TPP issue in recent years is essentially a continuation of the economic and trade conflict between the two countries after the war, and is also a reflection of the geopolitical conflict of interest between the two countries. The pattern of “pressure and autonomy restrictions” in the trade conflict between Japan and the United States is worth learning.


China-US Security Relations: Interest Concurrence and Risk Management  

Chou Zejing

    National security interest is an important perspective to analyze the security relationship between China and the United States. In the face of the profoundly changing international and regional security situation and increasingly prominent structural contradictions, China and the United States have made corresponding adjustments in the recognition of national security interests. Although the Trump administration clearly defines China as a strategic competitor, and both sides attach great importance to the mutual threat in terms of national security interests, it cannot be concluded that there is a fundamental conflict between China and the United States' national security interests. Even though the two countries have been engaged in ever-growing strategic competition, in view of the wide range of issues involved in China-US security relations, the two countries have accumulated rich interactive practice in the process of competition and cooperation around military forces, communication and game between bilateral and multilateral security cooperation mechanisms, and adjustment and compatibility of security policy concepts which serve as the positive factors to effectively manage and control risk in the new era of China-US security relations.


How to Interpret the Abe Administration's Security Policy-Beyond “Japanese Rightist Tendency”and“Resurgent Militarism”  

[Japan]Yasuhiro Matsuda, trans by Zhang Ruiting

    By analyzing the background and direction of the Abe administration's security policy, one can conclude that assumptions such as “Japanese Rightist Tendency” and “resurgent militarism”prevailed in China is not true. After the WWII, Japan relied on the US for its security, and thus was able to concentrate on economic development. It does not make sense to compare Japan that has developed for 70 years after the WWII with Germany after WWI. Constrained by law and politics, even those who believe in extreme political ideology become Japanese Prime Minister and the Cabnet, they are not able to achieve their extreme appeal. Constrained by Japan's financial and economic situation, it's not possible for Japan to expand its armament in a large scale or conduct military expansion. Abe's security policy comes from the consideration of the changing situation of its neighborhood rather than militarism thought.Learning from well-established security concept, Abe managed to change Japan's security policy.


China's Seapower under Economic Transformation——Focus on the View of National Strategy  

Zhang Xiaodong

    The strategic thought of seapower is updated along with the age. Economic transformation caused by reform and opening up is an important driving force for the development of China's seapower. From the beginning of the reform and opening up to 1985, the “offshore defense” strategy was formed. From 2008, when China participated in escort missions in the Indian Ocean and put forward the strategic idea of cooperation at sea. In 2015 China set the strategic goal of building a “ open seas protection” navy. China's military strength and maritime strategic activities have made continuous progress. China's export-oriented economic structure and overseas lifeline have been strengthened from scratch, thus the development of power has been continuously stimulated and promoted. The strategy of China's seapower complies with and serves the national strategy, and complies with the requirements of “maritime power”. China's Seapower changes with the time. Strategic thoughts, theories and practices are constantly formed. At the same time, China's development of seapower needs to face such problems as gaming, changes in the international economic pattern, accelerating military modernization, strengthening overseas pivots, expanding military cooperation and controlling the development limit of maritime rights.


Research on US “Freedom of Navigation Operations”(FONOPs)in the South China Sea and Innocent Passage of Warships  

Xing Guangmei and Wang Jinnan

    US “Freedom of Navigation” operations in the South China Sea have seen a further expansion of its frequency and cruise types since October 2015. Its roots are in the strategic game between China and the United States, but it's externally manifested as the different interpretation of international rules. The United Nations Convention on the Law of the Sea has institutional defects on whether warships are entitled to the right of innocent passage and insufficient attention to the maritime security concerns of coastal countries, which has blocked the way for countries to solve problems pragmatically. To solve the problems, we can start from promoting American strategic adjustments, improving Chinese national defense and army development, correcting the deficiencies of the convention, signing bilateral reciprocal agreements, and improving domestic legislation.


The Study on the Cooperative Conservation and Management of Fishery Resources in the South China Sea from the Perspective of the Community of Shared Future for Mankind  

Chu Xiaolin

    The community of shared future for mankind is an important part of Xi Jinping's thought of socialism with Chinese characteristics in the new era, and it is also Chinese wisdom and Chinese plan to solve international disputes by consultation and to promote world peace and development. Based on the idea of the community of shared future for mankind, cooperation and win-win is the fundamental way to resolve fishery disputes in the South China Sea, and promote the peaceful settlement for the issue of the South China Sea. Therefore, the cooperation of the conservation and management of fishery resources in the South China Sea is necessary and feasible. The necessity derives from relevant provisions of the international law and the status quo of the fisheries in the South China Sea; the feasibility derives from the existing cooperation framework between China and the countries around the South China Sea, and the similarity about the fishery policies and regulations between them. There are three alternative approaches to the cooperation of the conservation and management of fishery resources in the South China Sea: extending the jurisdiction scope of the existing fishery organizations to the South China Sea; establishing regular and soft exchange and cooperation mechanisms; and signing legally binding agreements. The former approach will make the extraterritorial countries included in the fisheries management system of the South China Sea, which is not recommended; the latter two approaches reflect the short-term goal, and the medium and long-term goal of the cooperation of the conservation and management of fishery resources in the South China Sea respectively.


China-Myanmar Relations from the Perspective of National Interest Theory

——Opportunities and Challenges of China-Myanmar Cooperation during the Government of NLD  

Cheng Hanping and Ning Wei

    The national interest is a fundamental factor in understanding the behavior of the state. Myanmar's special national conditions and China's strategic needs determine that we must understand and actively safeguard China's security interests, economic interests and cultural interests in Myanmar from multiple perspectives. China-Myanmar relations have shown good momentum under the NLD's governance, but in reality the relationship faced with major power disruptions, border security issues and other challenges. Myanmar's unique dual power structure also adds confusion to Chinese investment in Myanmar. In this context, we should continue to innovate countermeasures to support the NLD government to promote the peace process; Attaching importance to the binding of interests and forming a sense of community of responsibility with Myanmar; And through the top-level design, promote the “One Belt And One Road” process, expand the long-term influence of China on Myanmar.


The Development of Nepal-U.S Relations under the “Indo-Pacific Strategy” and Its Impact on China

Gao Liang

    Since the cold war, the United States has taken Nepal as an important part of its global strategy byproviding aid and other means. After Trump administration came into power, it has no longer adhered to the prejudice against the left-wing forces in Nepal held by previous US governments. It actively promoted the growth of political, economic, trade and military relations between the two countries, and persuaded Nepal to participate in the “Indo Pacific Strategy” to counter China's growing influence in this region; Nepal also hopes to realize the diversification of its foreign relations and consolidate its domestic political agendas. As an important neighboring country in China's west and partner in the Belt and Road Initiative(BRI), the strengthening of Nepal-U.S relations is bound to pose a threat to the realization of BRI and the security of China's western frontier.

Record number:ICP(BJ)NO.13010271-6 Technical