争端开始背后的法律:法律不确定性如何推动海上边界争端
Umut Yüksel1,2
1Department of Political and Social Sciences, Universitat Pompeu Fabra, Barcelona, Spain.
概括
国际法的法律不确定性,特别是关于海上边界的法律不确定性,增加了国家争端的可能性. 这项研究发现,在规则和解释不清楚的时期,往往会导致过度的单方面索赔和冲突.
科学领域:
- 国际法 国际法 国际法
- 国际关系 国际关系
- 法律研究 法律研究
背景情况:
- 多边公约和国际法中的裁决可能会造成法律不确定性的时期.
- 这种不确定性源于替代规则和对法律应如何应用的不同解释.
研究的目的:
- 调查法律不确定性与国际争端可能性之间的关系.
- 分析法律不确定性如何影响各州对单边索赔的制定.
主要方法:
- 综合分析第二次世界大战后的海上边界争端.
- 考察了在海上边界法中存在不同程度的不确定性时期.
主要成果:
- 高度的法律不确定性与争端发生的可能性增加密切相关.
- 在法律不确定性时期,国家更容易提出过度的单方面要求.
结论:
- 由于国际法的不断变化,造成的法律不确定性直接导致国际争端的出现.
- 这些发现需要重新评估合法化对国际事务的影响,包括海上边界划界.
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