Study Of The Peaceful Solution To Resolve The Dispute Of The Spratly Islands

With the awakening of the marine consciousness and the aggravating fight for the marine resources of many countries, China faces the unfavorable situation that a lot of islands and reefs and sea area around are captured and developed by force, especially the Spratly Islands since the seventies of last century. The focus of the dispute of the Spratly Islands is the sovereign right and distribution of interests of the Spratly Islands and sea area around.It is an important theme of the contemporary international law to solve the international dispute by the way of peace. Though the dispute is violent, the development center of various countries in the perimeter is still to develop economy, to strengthen the communication and cooperate constantly. Especially the exchange and cooperation among the area, it is still the mainstream and trend of the relations. So, to solve the dispute of the South China Sea by the way of peace is according with the interests of countries and regions concerned.This paper proceeds from angle of international law, and draws support from the relevant knowledge in such relevant disciplines as the international relations, international political, national strategy ,etc. On resolving the Spratly Islands dispute peacefully, we have discussed of stage construction and structure of some possible settlement modes. On this basis, analyzes its advantages and disadvantages further, after the overall balance, confirms an ideal mode in order to solve the dispute of the Spratly Islands finally, to support our peaceful development strategy.This paper using the marrow of the Art of War by Sunzi and the philosophy intelligence of China, has proposed the settlement mode to the dispute of the Spratly Islands" wins without fighting a battle".It is easier and more economical to maintain the current situation generally than to change. Therefore, to maintain the status quo and not provoke the dispute voluntarily, the cost that gains the development environment of the peace and security, can be minimum. For this reason, I have put forward the " cold treatment" mode of maintaining the status quo.Because the sea area of the Spratly Islands is always the historical sea area of China, we do not maintain putting this dispute to the International Court. Such countries as Vietnam, Philippine, etc. do not maintain giving the dispute of the Spratly Islands to the International Court to administer either. So, to solve the Spratly Islandsdispute with legal method is difficult to work even for the moment.Diplomatic channel including negotiation, consultation, investigation, mediation, conciliation etc. which is solving or getting involved in the method to solve dispute by both sides or by the third party is proposed and adopted under the condition that country concerned enjoys the dispute abundantly and freely. Therefore the sovereignty and dignity of the country concerned of the dispute can be fully respected. This kind of method is always maintained by our government and gets approved by most peripheral countries and regions."Suspends dispute, develops to gathering way" which our government has advocated all the time is that on the premise of laying dispute with sovereign right of island aside, every country concerned explores and exploits the mineral resources in the area of dispute with sovereign right together by way of agreement, share and develop incomes. This paper has carried on deep research and discussion to the common development mode in the South China Sea, have already help to safeguard the rights and interests in the sea area of the South China Sea of our country, be favorable to solve the common development mode of the dispute of the South China Sea again.Establish the South China Sea surrounding area is to solve the regional dispute safely by the synthesized safety mechanism. This way has already aroused the attention from more and more countries and regions. In fact, this is a kind of ideal way to maintain regional long-term stability too.Through comparing and analyzing we can find out that it is difficult to solve the disagreement of the Spratly Islands only by a kind of scheme or only lean against the efforts of one party. On the basis of synthesizing various kinds of disputes ,solving modes and drawing its rational kernel, I put forward to synthesizing and solving the common development way under the mechanism safely after getting out of the surrounding area of the South China Sea.