论海洋法中的剩余权利

《联合国海洋法公约》的许多规则和原则已经成为习惯国际法,为世界各国所遵守。但是,该公约在扩大沿海国的管辖权和缩小公海自由的调整过程中留下了余地和空间,也就是海洋法中的剩余权利问题。尤其是在专属经济区这一新的区域内,沿海国的主权权利和专属管辖权与公海自由及其他国家的权利划分不是十分确定。如,剩余捕鱼权,"自由权利"的行使与"适当顾及"的关系,"用于和平目的"和军事用途等解释问题,都已引起多方的关注。这些问题值得我们认真研究和探讨,以期维护国家海洋权益,促进海洋法的发展。

The Residual Rights in Maritime Law

Many rules and principles of United Nations Convention on the Law of the Sea have become customary international laws which are observed by all countries. However, the convention has left room and spaces in the adjusting process of enlarging jurisdiction of the coastal countries and reducing the freedom of high sea, as is the issue of residual rights in maritime law. Especially in the new area of exclusive economic zone, the partition of coastal countries' sovereign rights, exclusive jurisdiction, the freedom of high sea, and other countries' rights is not very clear. Attention has been paid to the following interpreting questions such as the residual right to fish, the relationship between the exercise of "freedom right" and "proper consideration", and "using for the purpose of peace" or for military usage. These questions worth close study and probe to maintain the maritime rights and interests of countries and promote the development of maritime law.