Font Size: a A A

The Right Of The Sino-Japan East China Sea Dispute

Posted on:2012-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:K GaoFull Text:PDF
GTID:2166330338959648Subject:International Economic Law
Abstract/Summary:PDF Full Text Request
Sino-Japan east sea dispute has a long history and in recent years, it starts getting worse. In past research, scholars focus the specific controversies, suggesting a range of viable solutions accordingly. Comparatively speaking, it is the intention of this essay to analyze dispute specifics from sea right perspective, maintaining that fierce competition for the interest of sea right serves as the driving force behind increasingly escalating frictions between nations. Besides, any controversy over the sea can not be fundamentally solved without easing sea right dispute. Therefore, the essay aims to search the ultimate reason behind their mutual interest from each phenomenon by using history generalization, interest and value analysis and general comparison methods.The first part of this essay will introduce Mahan's ideas, founder of the sea right theory and elaborate on the development of this theory in post-Mahan time, discussing some features about sea right research in China by referring to domestic and foreign scholars as well as the comprehensive nature of sea right based on rights, strength and interest.The second part will give further explanations on sea right components mentioned in the first part, trying to analyze the fundamental issue behind Sino-Japan dispute from 4 aspects. First and foremost, the notion about sea right differs in the 2 countries. While China prioritize harmony in sea right implementation, thus winning some"influence edge", Japan focuses on competition with aggressive actions to seek hegemony on east sea. On the other hand, China wins an upper hand over the diaoyu island sovereignty issue according to the evidence so far. In addition, fairness and relative circumstances should be taken into consideration about single bordering issue due to realistic reflection about the dispute on sea right field and economy. As mutual interest has a lot to do with the survival and development of the countries'sea right, the problem will not be solved in short term and even advance with more issues. Exploitation of chunxiao oil rig is another reflection of Sino-Japan interest conflict, the essence of which is a battle for oil resources including biology, mineral fresh water etc. All the actions show the key point of sea right is shifting from"exploration and expansion"to"interest pursuit". At last, this part will talk about the main components of maritime strength from military forces, R&D, law enforcement.The third part of the essay will look into the construction of sea right in china from indications of Sino-Japan sea right dispute. Despite apparent reason on the matter, we don't obtain tangible advantage because of the weakness in sea right. Therefore, we need to be fully aware of the sea right nature and take measure to build a stronger innovative ability, cement guarding ability and perfecting legislation accordingly.The fourth part will focus on China's strategies to cope with the sea right dispute. In the first place, more communication could help promote dialogues on this matter. And we stick to the principle of seeking common ground and preserving differences as always with a view to creating a peaceful, friendly, cooperative and all-win atmosphere. With regard to the external influence to international community, we should avoid further internationalization of this issue under the premise of no further interference from major powers. Therefore, Sino-Japan sea right dispute can be solved smoothly with reasonable plans by drawing upon international solutions.
Keywords/Search Tags:Sea Power, East China Sea, Shelving disputes, joint development
PDF Full Text Request
Related items