Experts said China’s maritime rights should focus on the good use of international law to learn
Data Figure: 311 Chinese fishery patrol boat is performing a task.
present, China’s marine rights field contradictory, can be summarized as: reefs occupied, resources seized captives, rights have been violated, the situation is unprecedentedly severe. Extra-territorial powers and neighboring countries are taking various measures to snatch the ocean space and resources, these undercurrents, people are worried about: China’s strength, and should be majestic, why got hit in the field of maritime rights?
In fact, several years ago proposed the building of China’s maritime power of the slogan, by the State Council approved a national strategy. However, the maritime power of the strategy proposed, we do not promptly organize human and material resources in-depth research, enrich its content, not making a compass to guide the development of our oceans. Almost at the same time, Japan also proposed marine founding slogan, to be official and non-governmental organizations, research institutions attach great importance to make a truly original empty slogans direction and power, the Japanese consortium of marine policy experts and scholars prepared a strategy for supporting marine “Japan’s 21st century maritime policy recommendations.” Japan according to this “proposal” drafted “Ocean Basic Law”, stroked along to determine Japan’s “land of eight, grabbed the sea, come back, regardless of family, leadership in the country,” the marine management system.
many people have weak enforcement of China’s maritime rights due to “Wulong trouble Sea,” the system does not, this is prejudice. “Fingers apart” does lead to high costs, low efficiency, more disputes, enforcement is difficult, but China’s maritime rights enforcement even though the “Wulong one”, it may not change the status of marine rights. Therefore, the starting point to solve the problem is not the first administration, but should learn to Japan: proposed strategy, policy development, focusing on maritime legislation, marine management system to adjust and reform must be a legal basis. Not like this, think of the banner on the name of institutional innovation, the establishment of a free group on marine research and drafting of the program, re-introduce the implementation.
Second, who better to international maritime law, to good use, who will be able to seize the initiative. August 2009 before entering the country without detection waters under the jurisdiction of the U.S. Navy auxiliary ship “perfection” in response to the China Sea maritime surveillance inquiry, claiming that its “international waters” for military measurement activities. U.S. ships heard the claim that we feel very helpless, and even that power, not its jurisdiction, but careful study “United Nations Convention on Law of the Sea,” found that “the Convention” there is no “international waters” one said. Therefore, when the supervisor on behalf of the China Sea in July 2009 at a workshop in the results and pointed out that the U.S. ship after the offense, attended by representatives of the U.S. Pacific Fleet, said immediately acknowledged the error. It is reported that the U.S. Navy now has no instruction manual in “international waters” language, this is a great victory.
present, in the South China Sea, East China Sea, Yellow Sea, maritime rights and interests of neighboring countries struggle with seemingly complex, contradictory, but as long as pick up the international law of the sea, control their behavior will be clear, it is easy to find a solution . Not the study of law, ignorance of the law, not the law into practice, inevitably two of a smear. Not the extreme left, is the extreme right, not as either silence or outrageous casually toss, two extremes are inevitable. Marine rights, international law of the sea is not a panacea, but must not leave it.
third, to guide people through propaganda, to carry out the field of in-depth study of marine rights. I believe that, in the field of marine rights advocate more or less, not only do that, do not know what is true marine rights. South Korea’s Dokdo research, a total of 200 organizations and institutions, under the eight countries, 22 people registered. South Korea’s maritime rights in the long struggle to form a leading research, opinion leader, foreign-led, national leadership, military linkage, civil assault, the government backed a set of practices, we can learn from this experience.
present, China’s marine rights although the situation complicated, situation is very grim, but not terrible. As long as we attach great importance to carefully study and in-depth study, misses the point, solve problems, the situation is bound to improve, the situation will be in our favor direction. ▲ (author of China Ocean Development Research Center)