The Concept of Archipelagic State and the South China Sea: UNCLOS, State Practice and Implication

群岛国概念和南（中国）海－《联合国海洋法公约》、国家实践及其启示

洪农(HONG Nong) ； 李建伟(LI Jianwei) ； 陈平平(CHEN Pingping)

《中国海洋法学评论》 17期 (2013/06) Pp. 209-239

摘要

How China will designate its baselines from the Spratlys (Nansha Islands in Chinese) and define the legal status of its claimed maritime zones will directly determine the navigation regimes in the waters to be included in its sovereign rights. Therefore countries directly involved in the territorial disputes as well as external countries are interested in making sure such practice is in line with the United Nations Convention on the Law of the Sea (UNCLOS) to guarantee their maximum interests. The authors in this paper explore the principles of Part IV of UNCLOS and their relations with oceanic archipelagos belonging to continental States. By doing so they suggest that certain principles practiced by archipelagic States could be applied in the Spratlys in order to balance two relations: first, the need of coastal States and that of many user States in this region and second, the rights of oceanic islands of archipelagic States and those of continental States.

關鍵字

Archipelagic State ； South China Sea ； UNCLOS ； State practices