1982年《联合国海洋法公约》无法解决所有国际海洋法律争端。作为1982年《联合国海洋公约》缔约国,我国在构建"21世纪海上丝绸之路"的过程中,势必面临沿海国扩张海洋权益而公约却不足以应对的难题,此时,各国的政治意愿就成为我们构建"21世纪海上丝绸之路"的关键。
This paper states that the United Nations Convention on the Law of the Sea cannot resolve all the issues regarding international law of the sea. China is a party to UNCLOS,therefore,is obliged to follow the treaty obligations. The constructions of "21st Century Maritime Silk Road"will inevitably facing the challenge that UNCLOS cannot deal with all practical problems. It is fair to suggest that the "21st Century Maritime Silk Road"face challenges from coastal States to enlarge their rights toward the oceans. The key difficulty originates from the political will of various countries.