A Study on the Legal Mechanisms of Jointly Building the 21st-Century Maritime Silk Road Between China and ASEAN
Humanities and Social Sciences
Volume 6, Issue 4, July 2018, Pages: 109-113
Received: Jun. 18, 2018;
Accepted: Jul. 2, 2018;
Published: Aug. 2, 2018
Views 725 Downloads 51
Li Renda, Department of Law, Hainan Academy of Governance, Haikou, China
Zou Ligang, Law School, Hainan University, Haikou, China
China advocates the spirit of the 21st-Century Maritime Silk Road (21CMSR) -“peace and cooperation, openness and inclusiveness, mutual learning and mutual benefit”. The routes of the 21CMSR need to certainly passage the South China Sea (SCS) which is surrounded by China and ASEAN countries, therefore, the jointly building the 21CMSR between China and ASEAN is a geographically natural mission. The process of jointly building shall depend on a wide range of cooperations and exchanges, which is explicitly stipulated by UN Charter, the UNCLOS, the DOC as well as many other regional agreements and documents. To construct the legal mechanisms is a significant guarantee for clarifying each party’s rights and obligations and promoting their cooperations and exchanges. As a consequence, China and ASEAN should jointly build some particularly crucial legal mechanisms including a code of conduct in the SCS which should be endowed the binding force, a mechanism of the regional economic and trading cooperation, a mechanism of the regional connectivity and a mechanism of the environmental protection.
A Study on the Legal Mechanisms of Jointly Building the 21st-Century Maritime Silk Road Between China and ASEAN, Humanities and Social Sciences.
Vol. 6, No. 4,
2018, pp. 109-113.
Copyright © 2018 Authors retain the copyright of this article.
This article is an open access article distributed under the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/
) which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
NDRC and SOA, Vision for Maritime Cooperation under the Belt and Road Initiative, June 20, 2017.
Liangyu, China, Britain Expect More Results from Belt and Road Initiative Cooperation: Expert, http://www.xinhuanet.com/english/2018-01/29/c_136932992.htm. XinHuaNet, Jaunary 29, 2018.
CAO Wei, Place on the Shelf for the Time Being Diplomacy-A New Exploration into the Diplomacy Idea in Dealing with Territorial Disputes, Pacific Journal, 2011(1), pp. 67-68.
Nien-Tsu Alfred Hu and Ted L. McDorman, Maritime Issues in the South China Sea: Troubled Waters os A Sea of Opportunity, Routledge Publishers, 2013, p. 144.
Zhang Hua, On the Legal Obligation and Prospect of Cooperation between Parties Involved in the Disputes on South China Sea, Pacific Journal, 2016(1), p. 10.
Sam Bateman and Ralf Emmers, Security and International Politics in the South China Sea, Taylor & Francis Group, 2009, p. 238.
Mark J. Valencia, Jon M. Van Dyke and Noel A. Ludwig, Sharing the Resources of the South China Sea, University of Hawaii Press, 1999, p. 120.
Song Yann-huei and Zou Ke-yuan, Major Law and Policy Issues in the South China Sea:European and American Perspectives, Dorset Press, pp. 207-208.
Carlyle A. Thayer, ASEAN, China and the Code of Conduct in the South China Sea, SAIS Reviews of International Affairs, 2013(33), p. 75.
C. J. Jenner and Tran Truong Thuy, the South China Sea: A Crucible of Regional Cooperation or Conflict Making Soverignty Claims? Cambridge University Press, 2016, p. 119.
Wu Shicun and Nong Hong, Recent Devolpments in the South China Sea Dispute: The Prospect of a Joint Devolpment Regime, Taylor & Francis Group, 2014, p. 175.
Nargiza Salidjanova and Iacob Koch-Weser, China’s Economic Ties with ASEAN: A Country-by-Country Analysis, U. S.-China Economic and Security Review Commission Staff Research Report, March 17, 2015, p. 3.
Dandan Wan. China and Japan rivalry in ASEAN, http://www.eu-asiacentre.eu/pub_details.php?pub_id=233. EU-ASIA centre, February 23, 2018.
Joycee A. Teodoro. ASEAN's Connectivity Challenge. https://thediplomat.com/2015/06/aseans-connectivity-challenge/. The Diplomat, June 27, 2015.
Sanchita Basu Das, Enhancing ASEAN’s Connectivity, Institute of Southeast Asian Studies Publishing, 2013, p. 48.
David B. H. Denoon, China, the United States, and the Future of South China Sea, New York University Press, 2017, p. 315.
Vu Hai Dang, Marine Protected Areas Network in the South China Sea: Charting a Course for Future Cooperation, Martinus Nijhoff Publishers, 2014, pp. 129-130.
Wu Shicun, Solving Disputes for Regional Cooperation and Development in the South China Sea: A Chinese Perspective, Chandos Publishing, 2013, p. 166.