From Freedom Of The Seas To Common Of The Seas-On The Maritime Norm Dynamic In The Sight Of International System Transition

The core problem of international maritime politic is how to allocate the ocean. Since The Age of Discovery, along with the formation and expansion of nation-state, the Freedom Of The Seas has become the principle and way of marine allocation, which is still the dominant specification of ocean politics in the international community. The Freedom Of The Seas defines the ocean as terra nullius that everyone can enter, and also stipulates the way of access to and using ocean with liberalism market. The way of allocation, which is essentially the principle of normalization of state-centrism, caters to the need that hegemonic states use hard power to occupy the ocean. In theory, the Freedom Of The Seas divides into the theory of SeaPower and the law of the Sea, which are isolated research direction. This kind of research pattern makes the maritime politic researchers accept the theoretical premise of the Freedom Of The Seas unconsciously, and be short of macro view that in the reflection of allocation specification of the ocean. In reality, the Freedom Of The Seas shapes the ocean order as the asymmetric pattern that the United States controls the ocean space with absolute advantage of naval power, and maintains its Absolute Security of maritime hegemony; weak country of ocean maximize the offshore space by ocean law means.Along with The transformation of international system, the allocation specification of the ocean evolution happens, and the evolution direction goes to the Common of The Seas which regard ocean as Common Heritage of Mankind. The core of the Common of The Seas is Common Heritage of Mankind, which deprives the ownership of the nation and makes the concept of "All mankind" in the dominant position of ocean allocation.Under the guidance of the Common of The Seas, the right that the distribution of Marine no longer belongs to hegemonic states, but belongs to international institution that based on a certain organizational principle. In theory, the Common of The Seas will build bridge for theory of SeaPower and law of the Sea, that makes the maritime politic construct a set of complete theoretical system; In reality, the Common of The Seas will overturn the Absolute Security Concept that single country maintains the ownership of ocean, and establish Cooperative Security that built by the international community to participate and share.The transformation from the Freedom Of The Seas to the Common of The Seas belongs to the evolution process of international norm, and in the evolution process, China should become the active advocator of the Common of The Seas, which is not only because of that China needs to reshape ocean order With a core of hegemonism, but also that the Common of The Seas accords with Chinese constantly state of "shelving controversy and developing jointly" and also accords with Chinese core value of diplomacy that "coexist", "share", "Collegiate governance", "win-win", "joint forward". Therefore, the Chinese academic circle should should actively advocate to change marine allocation principle, and make China become the powerful enabler of the Common of The Seas.