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南海仲裁案的仲裁庭于2016年7月12日公布裁决,对中国作出了诸多不利的认定。就岛礁地位而言,作为群岛一部分的岛礁与单独的岛礁,在法律地位上明显不同。然而,仲裁庭割裂中国群岛主张的整体性而归纳出“某些岛礁地位与海洋权源问题”的争议,对相关岛礁的单独地位进行考察。这一争议焦点的归纳本身就是对中国基于群岛整体的领土主张进行事先预设,其本质是滥用海洋法处理中国以群岛为基础的陆地权源问题。中国的历年立法以及对外表态的内容是一致和清晰的。中国的南海主张分为陆地和海洋两个层面。就陆地层面而言,中国所主张的东沙、中沙、西沙和南沙群岛的主权权利来源是陆地权源,包含先占、条约、领土的回归等;就海洋权利而言,中国所主张的南海的海洋权益是以“群岛”的整体地位而不是以“单个岛礁”的个体地位为基础的。
The arbitration tribunal in the South China Sea arbitration announced its award on July 12, 2016, and made many unfavorable advices to China. In the case of reefs, the reefs as part of the archipelago and the separate reefs are significantly different in legal status. However, the arbitration tribunal disagreed with the integrity of the claims of the Chinese archipelago and concluded that the issue of “the status of some reefs and the issue of the right of oceanic resources” was controversial, and the individual status of the relevant islands and reefs was investigated. The inducement of this controversy itself is to pre-set China’s territorial claim based on the archipelago itself. The essence of it is to abuse the law of the sea to deal with China’s issue of territorial rights of land based on islands. China’s legislation over the years and the content of its external position are consistent and clear. China’s South China Sea claims to be divided into two levels of land and sea. At the terrestrial level, China claims that the sources of sovereignty rights of Dongsha, Zhongsha, Xisha and Nansha Islands are land-based sources, including preemption, treaties and the return of territories; as far as maritime rights are concerned, China’s claim to the South China Sea The rights and interests of the oceans are based on the overall status of the “islands” rather than on the individual status of “individual islands and reefs.”