L***s
发帖数: 1148 | 1 刚刚在仲裁庭500页判决书中读了关键的九段线和历史权利那章，好像土共对美军飞越
航行自由的承诺也被拿来当作中国不主张九段线内是领海或内海的证据了。土共对九段
线到底是不是主张领海？
V. THE ‘NINE-DASH LINE’ AND CHINA’S CLAIM TO HISTORIC RIGHTS IN THE
MARITIME AREAS OF THE SOUTH CHINA SEA (SUBMISSIONS NO. 1 AND 2)
F. THE TRIBUNAL’S CONSIDERATIONS
1. The Tribunal’s Jurisdiction
(a) The Nature of China’s Claimed Rights in the South China Sea
212. At the same time, China has unequivocally stated that it respects
freedom of navigation and overflight in the South China Sea. On 27 October
2015, China’s Vice Foreign Minister stated that “[t]he Chinese side
respects and safeguards the freedom of navigation and over-flight in the
South China Sea to which all countries are entitled under international law
. . . . There has been and will be no obstruction to navigation and over-
flight freedom in the South China Sea.” The same commitment has been
repeated in numerous other statements by Chinese officials and spokespersons.
213. Within the territorial sea, the Convention does not provide for freedom
of overflight or for freedom of navigation, beyond a right of innocent
passage. Accordingly, the Tribunal considers China’s commitment to respect
both freedom of navigation and overflight to establish that China does not
consider the sea areas within the ‘nine-dash line’ to be equivalent to its
territorial sea or internal waters. The Tribunal also notes that China
declared baselines for the territorial sea surrounding Hainan and the
Paracel Islands (see paragraph above). In the view of the Tribunal, China
would presumably not have done so if the waters both within and beyond 12
nautical miles of those islands already formed part of China’s territorial
sea (or internal waters) by virtue of a claim to historic rights through the
‘nine-dash line’.
214. In sum, on the basis of China’s conduct, the Tribunal understands that
China claims rights to the living and non-living resources within the ‘
nine-dash line’, but (apart from the territorial sea generated by any
islands) does not consider that those waters form part of its territorial
sea or internal waters. |
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