Journal of East China Normal University (Philosophy and Social Sciences) ›› 2020, Vol. 52 ›› Issue (5): 128-137.doi: 10.16382/j.cnki.1000-5579.2020.05.013
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MA De-yi
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Abstract: The claim of "historical rights" in international maritime disputes faces with the dilemma in which its meaning has not been consolidated and the legal value in international law is limited. However, the codification and gradual development of the legal regime concerning historical waters shows that its content of rights and the legal effect in international law are constantly evolving. Historical waters claimed by a country are not limited to internal waters, territorial waters or special bays. That the concept of maritime community of shared future is integrated into the understanding of the legal regime concerning historical waters provides a new vision and reason for archipelagic waters as historical waters. This replenishes the concept of maritime community of shared future and helps gain international social identity. As an archipelago water, the South China Sea does have its legal status of a historical water, which should be recognized and respected by the international community.
Key words: maritime community of shared future, historical waters, gradual development, international law of co-progressiveness, contemporary evolution
MA De-yi. Maritime Community of Shared Future: Interpretation and Evolution of International Law in Historical Waters[J]. Journal of East China Normal University (Philosophy and Social Sciences), 2020, 52(5): 128-137.
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URL: https://xbzs.ecnu.edu.cn/EN/10.16382/j.cnki.1000-5579.2020.05.013
https://xbzs.ecnu.edu.cn/EN/Y2020/V52/I5/128