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随着人类航行活动对海洋环境的影响越来越大,加强海洋环境管辖权的趋势和航运全球化的张力之间的冲突也日益突出。现有的协调机制包括传统的基于法律拟制区域的协调机制和新兴的基于生态系统的协调机制,二者各有优劣,前者是基础,后者为补充。然而,对于南海等争议海域,前者无法适用,后者不以目标水域的法律地位为前提、仅以生态系统特性为标准的理念,恰恰可以大显身手。因此,笔者建议在南海适用基于生态系统的协调机制,并特别推荐作为该协调机制的制度载体之一的特别敏感海域制度。如此一来,除了能够维护南海珍贵而脆弱的生态系统,还可以起到缓解南海困局的间接效果,既符合人类可持续发展的长远利益,也符合中国在该地区的国家利益。
As the impact of human navigation activities on the marine environment becomes greater and greater, conflicts between the trend of strengthening the jurisdiction of the marine environment and the tension of shipping globalization have become increasingly prominent. The existing coordination mechanisms include the traditional coordination mechanisms based on legal fictions and the emerging ecosystem-based coordination mechanisms, both of which have advantages and disadvantages, the former being the basis and the latter being complementary. However, for the controversial waters such as the South China Sea, the former can not be applied. The latter does not take the legal status of the target waters as a prerequisite, and the concept of ecosystem characteristics as a standard can play a significant role. Therefore, I propose to apply the ecosystem-based coordination mechanism in the South China Sea and especially recommend the special sensitive maritime regime as one of the institutional carriers of the coordination mechanism. In this way, in addition to maintaining the precious and fragile ecosystem of the South China Sea, it can also play an indirect role in alleviating the dilemma of the South China Sea. It is not only in the long-term interest of sustainable human development but also in the national interest of China in the region.