中国南海U型线内历史性权利维护研究

A Study on the Maintenance of Historical Rights in the U-Shaped Line of the South China Sea

摘要: 在国际海洋法上，历史性权利得到愈发的重视，然而至今对历史性权利并未有明确的定义，学术上也存在多种见解，关于历史性权利的争议一直存在，与国家的海洋权益密切相关。本文基于我国与南海周边国家爆发的南海争端，探讨关于我国在南海U型线内的历史性权利维护问题。在应对南海问题，维护南海U型线内的海洋权益时，应从各方面切实加强国家管理，通过国内立法活动和国际合作活动，利用法律武器维护自己的既得权利，也应利用国际规则勇敢主张我国在U型线内的历史性权利，推动我国在南海权益上的维护。

Abstract: In the international law of the sea, historical rights have been paid more and more attention. However, there is no clear definition of historical rights and there are also many opinions in academics. Disputes about historical rights have always existed, and the country’s maritime rights closely related. Based on the South China Sea dispute that broke out between my country and the neighboring countries in the South China Sea, this article discusses the issue of my country’s historical rights maintenance within the U-shaped line of the South China Sea. When dealing with the South China Sea issue and safeguarding maritime rights and interests within the U-shaped line of the South China Sea, national management should be strengthened in all respects, domestic legislative activities and international cooperation activities should be strengthened, legal weapons should be used to protect their acquired rights, and international rules should be used to bravely advocate my country. The historical rights within the U-shaped line promote the protection of my country’s rights and interests in the South China Sea.