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A Historical Study On The Sovereignty Of The Republic Of China Over The South China Sea Islands (1912-1949)

Posted on:2014-01-05Degree:DoctorType:Dissertation
Country:ChinaCandidate:W Y TanFull Text:PDF
GTID:1225330482483384Subject:International Law
Abstract/Summary:PDF Full Text Request
The sovereignty and management of the South China Sea Islands by Chinese Government in 1912-1949 was embodied in concepts, institutions and practices. Based on the latest achieves and the research of Chinese Government’s administration and management to the South China Sea Islands in 1912-1949, the dissertation discusses the transformation of Chinese administration behaviors, and the reasons and impacts it takes. From the view of China’s transformation to a modern state, it proposes that the sovereignty management changes are the causes and consequences as China integrating into the modern international system.Chapter I discusses the establishment of China’s sovereignty over the South China Sea Islands. According to the rules of Inter-temporal Law, the research started with two concepts named Chinese traditional territory concept and western modern international law concept. It concluded the South China Sea Islands were finally became an integral part of Chinese territory, as Qing Dynasty pronounced sovereignty to the world after long time development, management, and administration to the South China Sea Islands in line with modern international law concept.Chapter II discusses the Chinese government’s exploitation and management on the Islands from the establishment of administrative divisions, economic development, the facility construction, investigation and codification chronicles. With the economic development of the Islands and the increasing number of labors, the Chinese government built supporting facilities and established administrative divisions in this period, which mean the normalized jurisdiction on the South China Sea Islands and the adjacent waters by China. And it has to point out that the Chinese government had made a series of fruitful sovereignty declaration, exercise and maintenance facts in line with modern international law during the transformation of modern China.Chapter III discusses the efforts of the Government of the Republic of China to safeguard national sovereignty and territorial integrity from a diplomatic point. With the increasingly important military-strategic position of the South China Sea Islands, the Western powers’ ambitions of invading and occupying the Islands were expanding as the changing international situation. For the military purposes, France had successively advocated the sovereignty of the Paracel Islands and Spratly Islands. Chinese government had to exercise sovereignty on the Islands by diplomatic struggle primarily and economic construction as assistances. Facing the Western powers wrestling in the area, Chinese government urged to maintain the sovereignty of the Islands in internal and external morass. As Japan launching the full war of aggression, Chinese government’s control on the Islands was gradually weakened.Chapter IV focuses on the loss of the sovereignty of the South China Sea Islands during the World War II, and the Retrocession and consolidation of the sovereignty after the war. With the southward military expansion, Japan occupied the full islands of the South China Sea. After that, Japanese constructed military facilities wantonly and exploited the resources predatory in these islands. Chinese people carried out the arduous anti-Japanese war while waiting for the favorable international situation to regain the sovereignty. The victory of the World War II provided an opportunity for the Chinese government to solve the problem. As the victorious nation, the Chinese government recaptured the sovereignty of the Islands, rebuilt military areas, and raised further rights on this area on the basis of strengthening control and consolidating territorial sovereignty.Chapter V makes a summary. Through the research of previous chapters, the part summarizes the characteristics of the government’s behavior in the different periods, draws experience and lessons, and explains its significance in the international law. It has a conclusion that the government of Republic of China’s management on the South China Sea is open, peaceful and continuous, and has positive results. The activities of exercising sovereignty have far-reaching historical impacts and important practical significances, and it was proved that the Chinese government has indisputable sovereignty over the South China Sea Islands and the adjacent waters.
Keywords/Search Tags:the South China Sea Islands, Chinese government, Sovereignty, International law, Inter-temporal Law
PDF Full Text Request
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