首页 | 本学科首页   官方微博 | 高级检索  
相似文献
 共查询到20条相似文献,搜索用时 0 毫秒
1.
    
The 2016 South China Sea Arbitration Award provided a detailed review of the interpretation of Article 121(3) of the U.N. Convention on the Law of the Sea. According to the Tribunal, Article 121(3) performs a preventive function by disabling tiny features from unfairly generating enormous entitlements to maritime space that does not serve the local population. This provision also contributes to safeguarding of the Common Heritage of Mankind. The Tribunal's interpretation seems to reflect development of the law of the sea toward protection of the common interests of the international community. However, since the Tribunal's interpretation is not anchored in state practice and the jurisprudence, whether the interpretation can be generalized needs careful consideration.  相似文献   

2.
    
The interpretation of Article 121(3) of the 1982?U.N. Convention on the Law of the Sea (UNCLOS) was a key part of the Sino-Philippine Arbitration on the South China Sea Award issued in July 2016. This article uses the principles of treaty interpretation codified in Article 31 of the 1969 Vienna Convention on the Law of Treaties to evaluate the interpretation process. The Tribunal paid little attention to the text such as “rocks” in the plural form and overlooked the context of Article 121(3). The travaux préparatoires identified by the Tribunal was based on materials of doubtful weight.  相似文献   

3.
    
Article 298 of the UN Convention on the Law of the Sea allows state parties to exclude certain categories of disputes from the compulsory procedures entailing binding decisions. This provision serves as a “safety valve” by excluding sensitive issues mainly related to sovereignty. This article examines the three recent Annex VII Arbitral Awards (the South China Sea Arbitration; the Arctic Sunrise Arbitration; and the Chagos Marine Protected Area Arbitration) that assessed the interpretation and application of Article 298.  相似文献   

4.
    
Historic titles and historic rights have been a complicated issue in the law of the sea both conceptually and practically. The South China Sea Arbitration between the Philippines and China raised important issues regarding the contemporary relevance and validity of historic claims, and the relationship between the Law of the Sea Convention and historic rights. This articles examines historic rights and historic titles in the law of the sea in the light of the South China Sea Arbitration and evaluates the contribution of the Tribunal's Awards to the clarification of these concepts.  相似文献   

5.
    
Abstract

In the South China Sea Arbitration, the Tribunal decided that China had not breached the due diligence obligation to protect and preserve the marine environment under Articles 192 and 194(5) of the United Nations Convention on the Law of the Sea concerning Chinese fishers fishing with explosives, but that China had breached the same obligation regarding Chinese fishers harvesting endangered species. This article looks at how the Tribunal interpreted and applied the due diligence obligation and argues, from a Chinese perspective, that there were facts overlooked by the Tribunal that China could have presented to counter the evidence of the Philippines, which might have been enough to affect the decision on destructive fishing had China participated in the Arbitration.  相似文献   

6.
In the past decade, there have been calls for a regional code of conduct for the South China Sea to ensure peace and stability in a region replete with conflicting territorial claims over offshore geographical features. This paper will distinguish between the process of codification of rules and principles in one document, on the one hand, and the process of implementing existing rules and principles, on the other hand. It will be argued that rules and principles governing conduct for human and regional security around the South China Sea already exist in many forms and that the South China Sea states are obligated by international law to implement them without waiting for their consolidation in one document.  相似文献   

7.
    
This article examines recent developments in the South China Sea; in particular, the China-Vietnam relationship. The developments are presented in the broader context of the Sino-Vietnamese approach to managing border disputes since full normalization of relations in late 1991. The challenges for China and Vietnam in managing their disputes and related tension in the South China Sea are also discussed.  相似文献   

8.
The purpose of this article is to examine the outer continental shelf submissions made by the coastal states of the South China Sea and their potential impact on legal and political developments in the South China Sea. In accordance with the United Nations Convention on the Law of the Sea of 1982 and the guidelines of the Commission on the Limits of the Continental Shelf, coastal states are to establish the outer limits of their continental shelf where it extends beyond 200 nautical miles. Meeting this obligation is complicated in enclosed or semienclosed seas where there are maritime disputes such as in the South China Sea.  相似文献   

9.
    
China's recent claims to a large “U-shaped” area in the South China Sea, involving the disputed Spratly and Paracel Islands, has given rise to a number of serious criticisms not only from neighboring states, but also some states beyond the region. The claim also raises a number of theoretical questions, including whether historic title claims without hard evidence have validity under international law. This article explores this and other issues raised by China's U-shaped claim.  相似文献   

10.
Important events relating to the sovereignty dispute over the Spratly Islands have arisen by fits and starts since 2009, marking the start of a new phase in the legal battle over territorial and maritime claims in the South China Sea. While the exchange of legal arguments between the parties has gradually laid bare their maritime claims, much still remains shrouded in uncertainty. Among the obscure claims wanting clarification is China's infamous nine-dotted-line map, which in 2011 elicited a response and counterresponse between the Philippines and China. This article examines the maritime and territorial claims of the Philippines and China as revealed in the recent discord over the nine-dotted-line map.  相似文献   

11.
Two novel marine actinobacteria, designated as SCSIO 60955T and SCSIO 61214T, were isolated from deep-sea sediment samples collected from the South China Sea. The cells of these organisms stained Gram-negative and were rod shaped. These strains were aerobic, and catalase- and oxidase-positive. Optimal growth occurred at 28 °C and pH 7 over 14 days of cultivation. Both strains possessed phospholipids and phosphoglycolipids. The main menaquinone was MK-7. The major fatty acid was C16:0. The peptidoglycan structure was type A1γ′ (meso-Dpm). Analysis of genome sequences revealed that the genome size of SCSIO 60955T was 3.37 Mbp with G + C content of 76.1%, while the genome size of SCSIO 61214T was 3.67 Mbp with a G + C content of 74.8%. The ANI and 16S rRNA gene analysis results showed that the pairwise similarities between the two strains were 73.4% and 97.7% and that with other recognized Thermoleophilia species were less than 69.1% and 87.8%, respectively. Phylogenetic analysis of the 16S rRNA gene sequences showed that strains SCSIO 60955T and SCSIO 61214T were separately clustered together and formed a well-separated phylogenetic branch distinct from their most related neighbor Gaiella occulta. Based on the data presented here, these two strains are proposed to represent two novel species of a novel genus, for which the name Miltoncostaea marina gen. nov., sp. nov., with the type strain SCSIO 60955T (=DSM 110281T =CGMCC 1.18757T), and Miltoncostaea oceani sp. nov., with the type strain SCSIO 61214T (=KCTC 49527T =CGMCC 1.18758T) are proposed. We also propose that these organisms represent a novel family named Miltoncostaeaceae fam. nov. of a novel order Miltoncostaeales ord. nov.  相似文献   

12.
The South China Sea is a multilateral battlefield of conflicting claims to sovereignty over island features and vast areas of maritime jurisdiction. In the middle of the South China Sea lies the Spratly archipelago - some 150 small island features to which six states have made claims. The core of the SCS dispute is access to natural resources, and the rivalling claims to sovereignty over islands are largely based on the assumption that whoever has sovereignty to the features can also claim large areas of ocean space attached to them. The United Nations Convention on the Law of the Sea has codified the regimes of the continental shelf and the exclusive economic zone, and it is accepted that islands, as well as continental territory, generate such zones of maritime jurisdiction. However, one category of islands cannot generate these extensive maritime zones. Article 121(3) of the convention states that "rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf." This provision, if applied to certain features, has the potential to significantly change the scope of the conflict in the Spratlys.  相似文献   

13.
记述采于南海北部的长额虾科3属8种,作为Liand Komai(2003)记述1958-1960年全国海洋综合调查采于南海北部的长额虾总科2科8属20种的补充,同时记述该调查中采于东海的长臂虾科隐虾亚科的2属2种.8个长额虾科种是在中国科学院海洋生物标本馆新馆搬家过程中新发现标本鉴定得来,即Chlorotocella gracilis,Plesionika izumiae,P longidactylus,P.ortmanni,P.pumila,P.sindoi,P.unidens,Procletes levicarina.其中Li and Komai(2003)描述的新种P.longidactylus又发现5只携卵雌虾,证明此种在南海并不少见;P.unidens是深海种类,目前仅发现分布在200m以深海底,虽然其报道很少,但已有记录却来自从孟加拉湾至巴布亚新几内亚的不同海域,说明其分布较广,在Li and Komai(2003)文中没有记述此种,本文首次记录其在中国水域的分布,并提供特征图.隐虾亚科的两个种,即富兰克林副岩虾Paraclimenes franklini(Bruce,1990)和土佐岩虾Periclimenes tosaensis Kubo,1951均为东海海域的新纪录,将富兰克林副岩虾的已知分布区域向北扩展到北纬28°,同时填补了土佐岩虾在日本海域和南海海域之间的分布空白.  相似文献   

14.
根据2012-2013年在南沙群岛西南部和北部湾口海域春秋两个航次的调查资料, 分析了该海域鱼类种类组成、相对重要性指数和物种多样性等特征。结果表明, 两个航次调查共鉴定鱼类504种, 隶属于2纲31目129科294属; 其中北部湾口海域出现鱼类301种, 南沙群岛西南部海域出现鱼类357种。优势种数量较少, 多以中小型鱼类为主, 且季节间变化较大。春季多样性指数高于秋季, 这主要是因为春季出现的大量鱼类为补充群体, 而许多种类在秋季有向较深海区移动的趋势; 南沙群岛西南部海域多样性指数高于北部湾口海域, 这主要是由于南沙群岛西南部海域受水温和洋流的影响较大造成的。更替指数和迁移指数显示, 秋季鱼类群落结构稳定性要低于春季, 而且两个季节的鱼类群落结构都偏离平衡状态, 主要是由鱼类的洄游和不同适温性鱼类的迁入迁出造成的。综合来看, 南沙群岛西南部海域鱼类物种多样性和群落结构稳定性均高于北部湾口海域, 在努力控制资源可捕量范围的同时, 可合理开发南海中南部海域的渔业资源。  相似文献   

15.
    
The South China Sea has long been regarded as a major source of tension and instability in Pacific Asia. Since 1990, many bilateral and multilateral efforts to manage the possible conflicts in the region have been recorded. The purpose of this article is to analyze and assess the progress made in terms of conflict management among the claimants.  相似文献   

16.
    
《Ecoscience》2012,19(1):1-10
ABSTRACT

Dust deposition is considered an important source of many bioavailable nutrients to the marine environment. Nutritional status is the main factor regulating bacterioplankton growth, and thus it is important to study the effects of dust deposition. Microcosm experiments with dust aerosol addition were performed using surface water from the South China Sea (SC) for 12 days and southern Yellow Sea (SY) for 10 days. After incubation, the bacterial biomass in microcosms increased 10.82-fold and 2.22–3.32-fold under dust addition, in SC and SY respectively. Bacterial growth was also stimulated by dust aerosol, indicated by increased and more efficient heterotrophic secondary production. In addition, bacterial community structures were simplified by dust aerosol in both study areas. Alpha- and gamma-proteobacteria were the predominant bacteria in the microcosms following dust addition in SC, whereas alpha- and delta-proteobacteria were the main bacteria in SY. These results demonstrate that dust deposition regulates growth and community structure of marine bacteria in SC and SY by promoting phytoplankton growth.  相似文献   

17.
南海岛屿种子植物区系地理的研究   总被引:17,自引:2,他引:17  
本文通过实地考察,广泛收集前人的研究资料,概述了南海岛屿地区的自然条件和植被,对南海岛屿种子植物的区系组成、特点、分布区类型、特有现象和替代现象等进行了较详细的分析,并与邻近植物区系进行了比较研究。同时,根据区内植物分布的特点和自然条件特征划分为5个植物区系小区,最后对南海岛屿地区植物区系的起源与演化进行了讨论。  相似文献   

18.
Geographical and seasonal distributions of marine cladocerans in the coastal waters of southern China were studied. Penilia avirostris was the most common species, followed by Evadne tergestina and Podon schmackeri. P. avirostris and E. tergestina were most common during summer. P. schmackeri, found only in a small bay northeast of Hong Kong, showed no clear seasonal pattern of occurrence. P. avirostris and E. tergestina were found at temperatures ranging from 16–32°C and salinity ranging from 7.3–37.2. P. schmackeri was restricted to a temperature range of 17–29°C and a salinity range of 31.0–37.2. No significant relationships between marine cladoceran abundance and chlorophyll a concentration were found in samples taken from Tolo Harbour. Parthenogenetic brood size of P. avirostris and E. tergestina ranged from 1 to 14, while P. schmackeri was found to carry up to 19 embryos per brood. No geographical trend in fecundity patterns was observed. No correlation was found between body length and brood size. The occurrence of females with resting eggs was rare.  相似文献   

19.
南中国海地区湿地植物多样性研究   总被引:6,自引:0,他引:6  
对南中国海地区湿地的植物多样性进行了深入研究,调查范围包括浅水海域、潮间带滩涂、河口地带和三角洲冲积平原、三角洲基塘等湿地类型。基本弄清了南中国海湿地植物的生境多样性、物种多样性以及生态系统多样性,为有效保护和合理利用南中国海湿地资源提供科学的依据。调查表明,南中国海近海近岸湿地生境多样性复杂,物种丰富。主要生境类型有浅海水域湿地等13类;湿地高等植物的生态系统主要有红树林湿地生态系统等6种;南中国海地区湿地共有高等植物179科,593属,829种。国家Ⅰ级保护植物3种,Ⅱ级保护植物9种。  相似文献   

20.
This article portrays and characterizes the Vietnamese position toward the settlement of the island disputes in the South China Sea. The situation in the South China Sea has become more complicated since 1988 when China made its steps toward the Spratlys. After analyzing the situation in the South China Sea, the author emphasizes the need to have a code of conduct for this disputed area.  相似文献   

设为首页 | 免责声明 | 关于勤云 | 加入收藏

Copyright©北京勤云科技发展有限公司  京ICP备09084417号