A Study On Related Legal Issues Of The South China Sea

South China Sea disputes, mainlymeansthe differences and disputesof Sea neighboring countries in the issue of the ownership of the South China Sea islands and reefs and waters divided. Although the South China Sea disputes really caught people’s attention from the sixties and seventies of the last century, but with the importance of the South China Sea resources graduallyby neighboring countries known, coastal countries gradually have tougher claims in the South China Sea, resulting in conflicts continued. These confrontations in addition to cause the respective political manifesto, domestic legislation, in the period also accompanied by the sporadic military confrontation and paramilitary confrontation, such as the Sino-Vietnamese naval battle, Mischief Reef incident. For a long time, although there are the continuous efforts of the international law scholars and governments’ substantive departments, trying to establish an effective dispute settlement mechanism, but the effect is not ideal, the issue has not been resolved. In recent years, the South China Sea dispute continues to heat up, such as:the Philippines announced the baselines of the territorial; Malaysian Prime Minister boarded the disputed islands and reefs declaration of sovereignty; between China and Vietnam against each other’s oil exploration shipat sea, making the world’s attention once again focused up in the South China Sea dispute.Based on this, I chose the legal issues of the South China Sea dispute research as a doctoral thesis, andhope to conduct in-depth analysis and discussion of the problems of the South China Sea dispute, then find the crux of the problem and its solution to model analysis. The article is divided into an introduction, the main part with four chapters, and a conclusion to systematically discussed.The introductory section provides a brief introduction to the origin of the South China Sea disputes related legal issues, and introduces the research background at home and abroad, reviews domestic and foreign research, and then puts forward the ideas, structural arrangements and research methods of this research.The first chapter is an overview of the South China Sea dispute. The aim of this chapter is to summarize the question of factrelated to the South China Sea dispute,and to refine and contrast the current countries claims. Specific content involves the three areas which are the origin of the South China Sea issue’s complex history, the existing state ofthe South China Sea, and the South China Sea neighboring countries claims. For the history of the origin of the South China Sea issue, this chapter is from the many historical events to sort out that the history of the South China Sea can be divided into three typical periods which are the colonial and anti-colonial period in the old era, the erosion and anti-erosion period of the sovereignty of the South China Sea islands and reefs after World War II, the South China Sea resources predatory and anti-predatory period in the late1970s, and points out that the complex history of the South China Sea is one of the important reasons for the formation of the South China Sea dispute. For the existing condition of the South China Sea dispute,section II of this chapter interprets from three aspects which are the status quo of South China Sea islands and reefs occupied, the status of the development of oil and gas resources in the South China Sea, the South China Sea neighboring countries policy status quo,then have conclusions:South China Sea islands and reefs occupied chaotically, countries in the actual occupation and its claim of sovereignty is not consistent; development of oil and gas resources in the South China Sea is being accelerated, and becoming international and co-operative; China’s South China Sea policy reflects the two sides, and the other neighboring countries in the South China Sea policy focus on consolidating of vested interests and strengthening military construction and promoting the internationalization of the South China Sea dispute. On the claims in the South China Sea surrounding countries, the article combines with the historical documents and official maps, based on the country to the South China Sea claims the refining and summarized, clearly shows the different countries of the South China Sea claims.The second chapter is about the reefs sovereignty dispute in the South China Sea dispute. This chapter focuses on the focus-reefs sovereignty dispute in the South China Sea dispute, trying to figure out in accordance with the relevant provisions of existing international law on the issue of sovereignty over the territory, the South China Sea islands and reefs what should be vested in all of which country. This chapter begins reefs territorial sovereignty of international law theory and practice introduced, in which the theoretical part of international law involving the preemptive and accretion, timeliness, ceded, conquered traditional territory to obtain, involved in new territories such as national self-determination to obtain; analysis of the international practice of the reefs territorial sovereignty is mainly based on the sovereignty dispute related reefs, presents a case based on a summary of the points and rules embodied in the case. After learning about reefs territorial sovereignty norms of international law, combined with the actual situation of the sovereignty of the South China Sea islands and reefs, the article has an in-depth and systematic thinking of the law applicable to the dispute over the South China Sea islands and reefs, and puts forward that it should be the principle of Intertemporal law and equitablein the dispute over sovereignty in the South China Sea islands and reefs, while focusing on the role of the distinction between the right to obtain and rights subsisting, the distinction between private behavior and national acts, effectively control rules, the key date rules, estoppel rules, to make a comprehensive judgment of territorial integrity and sovereignty of the South China Sea islands and reefs dispute. Finally, the article makes a concrete application of the results of the analysis to the handling of the dispute over sovereignty of the South China Sea islands and reefs, discussesChina and neighboring countries sovereignty reasons, and ultimately definesthe truly belongs to the sovereignty of the South China Sea islands and reefs.It is the conclusion that Chinais the Sovereign possessor States of the South China Sea islands and reefs.The third chapteris maritime delimitation disputes in the South China Sea dispute. This chapter studies another important issue in the South China Sea dispute Maritime Delimitation Disputes, in view of the less previous academic research on the delimitation of the South China Sea, this chapter is also the focus of this article. This chapter begins with a summary of the theory of maritime delimitation, in addition to the introduction to the evolution and development of the maritime delimitation rules, the first section mainly analyses the principle of fairness, the continental shelf extends rule, equidistance/special circumstances the delimitation rulewhich are often brought on maritime delimitation. The principle of fairness is considered to be the highest principles of maritime delimitation, and other delimitation methods and rules are specific interpretation of the principle of fairness, coupled with the maritime delimitation disputes in the South China Sea is very complicated, so it’s important to adhere to the principle of fairness and reasonable use of method of delimitation in the South China Sea maritime delimitation; extended continental shelf ruleis evolved from the continental shelf system, andno longer plays a major role in the bilateral maritime demarcation; equidistance/special circumstances rule is currently the most commonly used program in the maritime delimitation sector, but in a specific application, you should pay attention to the special circumstances exception equal status with equidistant delimitation cannot be stubborn use equidistant delimitation single method of delimitation. In the second section of this chapter, an important prerequisite in the South China Sea demarcation problem-the nature of the Kau line were analyzed. This section first compares academic discussion on the nature of the Kau line, on this basis explains their views and reasons, and detailed arguesthe rationality of the historical rights of China in the South China Sea from the historic rights of the constituent elements,then obtainsthat the historic rights of the Chinese in the South China Sea is fully in line with international law. Finally, the historical right position in the United Nations Convention on the Law of the Sea and the historic rights in international law of the sea is demonstrated, to answer historic rights in the South China Sea maritime delimitation’s influence. Concluded:on the one hand historic rights has been recognized by the United Nations Convention on the Law of the Sea ", the provisions of the Convention reflects the respect the historic rights; On the other hand historic rights system itself is customary international law and a parallel relationship with the United Nations maritime delimitation system stipulated in the Convention on the Law of the Sea ", maritime delimitation must consider the impact of historic rights. Therefore, the historical rights of China in the South China Sea cannot be overlooked or ignored, the South China Sea maritime delimitation should take full account of the historic rights of the Chinese, to reach a final sector resultin accordance with the principle of fair delimitation and on the basis of voluntary agreements in the neighboring countries of the South China Sea.The fourth chapter isthe realistic choice of the South China Sea dispute settlement. This chapter has a thinking of the solution path and method of the South China Sea dispute, and puts forward their own system concept for the final settlement of the South China Sea dispute. The first section of this chapter is the way to resolve the South China Sea dispute, the focus is the possibility of judicial means and diplomatic means to resolve the South China Sea disputes, studies have shown that due to the limit of the jurisdiction of the judiciary, as well as the State Party on the subjective is reluctant to submit the South China Sea dispute to judicial settlement, so through legal channels to solve the South China Sea dispute is not realistic. In contrast, the South China Sea dispute diplomatic settlement channels due to its voluntary and flexibility becomes the only possible way to solve the South China Sea dispute. Section Ⅱ of this chapter analysis basic problems through diplomatic negotiations to establish the joint development in the South China Sea system, firstly it generalizes the concept of open development, summarizes and elaborates jointly development’s four basic characteristics; Secondly it in-depthdiscusses the necessity and feasibilityto establish a mechanism for the joint development in the South China Sea and points outthat joint development is the realistic choiceof today’s South China Sea dispute settlement. Thirdsection of this Chapter combines the academic research jointly developed system, contacts the realistic background of the South China Sea dispute, puts forward own specific building program. This article puts forward theown views and suggestions from the management system of joint development in the South China Sea, the choice of the contract, as well as the applicable law.The epilogue briefly reviews the main points of this article, combines with the insights and experiences obtained from the article writing process, and puts forward several problems worthy of further study.