走出南海诸岛主权争端的法理迷途

南海主权争端之所以越来越复杂,甚至是迷雾重重,是因为有些国家制造了解决主权争端的法理迷途。文章认为,走出南海主权争夺的法理迷途需要明确:联合国《海洋法公约》不解决主权争端;"实际占有,有效控制"原则充满战争危机;旧金山《对日和约》涉西沙群岛和南沙群岛条款是违法条款。

Stepping out of the Legal Obscure of Sovereignty Disputes in South China Sea

The sovereignty disputes in the South China Sea has become more and more complicated or obscure. The reason is that Some Countries have made a wrong way of legal principle on solving such disputes. The paper argues, if to be back to the right one, it is necessary to clarify that, firstly, United Nations Convention on the Law of the Sea does not settle sovereignty disputes; secondly, the rule of "Actual Procession and Effective Control" is full of danger of war; and thirdly, the provisions of San Francisco Peace Treaty with Japan regarding Xisha Islands and Nansha Islands are illegal.