Historic rights are one of the fundamental legal bases for China's claim to rights and interests in the South China Sea.When China conducts maritime delimitation with relevant countries in the future,it will inevitably focus on historic rights.In this context,it is of great theoretical value and practical significance to clarify the role of historical rights in maritime delimitation.The law of treaties,represented by the United Nations Convention on the Law of the Sea,establishes the exceptional role of historic rights in maritime de-limitation.The way in which the role of exception is initiated has its own substantive and formal require-ments.Objects of the exception role include two categories:explicit and implicit objects.The effect of the exceptional role is reflected,on the one hand,in the exclusion of international compulsory jurisdiction and,on the other hand,in the take-up of the exceptional role by compulsory mediation.The rule on the exceptional role of historic rights under the law of treaties in maritime delimitation may provide guidance on the law ap-plicable to our future maritime delimitation with relevant countries.
关键词
海洋划界/例外作用/历史性权利
Key words
maritime delimitation/the exceptional role/historic rights
维普
万方数据