| 摘要: |
| 南沙群岛是中国政府在民国时期继承的合法历史遗产。早在公元前2世纪中国就“发现”了南沙群岛,当时世界各国领土扩张方式主要适用的是“发现即领有”原则。一直以来,中国从未放弃过对南沙群岛的主权管辖。根据“法不溯及既往”原则,《联合国海洋法公约》等现代国际海洋公约在海域划分及岛屿主权归属方面只能解决其颁布之后的国际公海争端问题;而中国早在公元前2世纪就已发现了南沙群岛,因此其主权归属应当适用其取得时的国际惯例和法律。 |
| 关键词: 南沙群岛 法不溯及既往 发现 主权 |
| DOI： |
| 分类号:D815;D993 |
| 基金项目: |
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| On Application of International Legal Regulations on Sovereignty over Nasha Islands |
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LIU Ping
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(Department of Law, University of International Relations, Beijing 100091, China)
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| Abstract: |
| As a part of China 's inherent territory, Nansha islands were inherited by the Public of China (Year1912-1949) from China Qing Dynasty in comply with modern international law concerned. Tracing back history, Nansha islands had been discovered by China early in the 2nd century B.C., when territory expansion was based on the principle of discovery. As time passed by, China has never given up sovereignty and governance over Nansha Islands. Furthermore, China 's sovereignty over Nansha islands neither run counter to principle of non-retroactivity, nor broke and violated customs or conventions of that time when China had the islands acquired and governed by China in history. On top of that, international treaties with United Nations Convention on the Law of the Sea included was signed to settle unsolved disputes on sovereignty of international waters, and thus these treaties do not apply to Nansha Islands historically owned by China. |
| Key words: Nansha Islands non-retroactivity of rules and regulations principle of discovery sovereignty |
