海南热带海洋学院学报2025，Vol.32Issue(6)：21-35,15.DOI:10.13307/j.issn.2096-3122.2025.06.03
《南海各方行为宣言》与"南海行为准则"自我克制条款的困境与纾解
Dilemmas and Solutions of Self-Restraint Clauses in the Declaration on the Conduct of Parties in the South China Sea and"Code of Conduct in the South China Sea"
摘要
Abstract
The theoretical basis of the self-restraint clauses lies in the principle of restraint.As an important mea-sure for the peaceful settlement of disputes,the principle of restraint is reflected in various sources of international law and has a solid political foundation among the claimant states in the South China Sea.Due to the lack of uniform stan-dards in the self-restraint clauses,it is difficult to explicitly enumerate them in the Declaration on the Conduct of Par-ties in the South China Sea(DOC)and the"Code of Conduct in the South China Sea"(COC).This has led countries to adopt interpretations of the clauses that are in their own interests,preventing the clauses from achieving their in-tended effectiveness.Political games among regional countries,intervention of external forces,as well as the limited coor-dination capacity of ASEAN create further obstacles to the implementation of the self-restraint clauses.To address these issues,states should enhance clarity and operability of the clauses while balancing principles and flexibility,clarify the unified method of interpretation to avoid countries applying double standards in interpretation,confirm the substantive va-lidity of DOC and COC,require parties to fulfill their obligations in good faith,and give full play to the important role of the senior officials'meeting and the joint working group meeting for the implementation of the DOC and the COC in execution and supervision,so as to ensure the effective implementation of the clauses,manage crises,and maintain peace and stability in the South China Sea.关键词
《联合国海洋法公约》/《南海各方行为宣言》/"南海行为准则"/自我克制条款/危机管控Key words
United Nations Convention on the Law of the Sea/Declaration on the Conduct of Parties in the South China Sea/Code of Conduct in the South China Sea/self-restraint clause/crisis management and control分类
社会科学引用本文复制引用
张琪悦..《南海各方行为宣言》与"南海行为准则"自我克制条款的困境与纾解[J].海南热带海洋学院学报,2025,32(6):21-35,15.基金项目
国家社会科学基金青年项目(21CFX053) （21CFX053）
