The Legal Research On The Deadlock Situation Of The South China Sea

The Proper Resolution of South China Sea problems is important to China and the surrounding countries. To provide the practicable solution to the SCS issues, the writer read and study many relative theses. Most of them emphasis the exterior reasons which lead to the SCS issues rather than the interior ones. Besides, a majority of these theses suggest using international treaty law to resolve the matters rather than international customary law, putting historic elements aside. This thesis analyzes mainly from the legal aspect. The backward awareness of the sea and the international institutions and regimes are the interior reasons of the deadlock situation of the South China Sea. The special feature of it is the historic titles. To settle the South China Sea problems fairly, must advocate the historic elements actively according to the international customary law.This thesis sets out in 4 chapters, except the preface and the conclusion.The first chapter introduces briefly the complicacy of the deadlock situation of the South China Sea.The second chapter analysis mainly the interior reasons leading to the disputes. Indicates the backward awareness of the sea and the international regimes and institutions are the interior ones. Further points out thousands of years of feudal traditions and the modern state practices which lead to the backward awareness.The third chapter indicates the unique features of the disputed SCS are the historic interests that differ it from other disputed waters and the sovereignty and boundary disputes interweaved together. It is favorable to predict the legal nature and status of the"U Shape Line"as a"historic title line". The disputes should be settled according to the international treaty law and international customary law. Unites Nations Convention of the Law of the Sea could not be used to settle the sovereignty disputes. It is just one of the rules of law to settle the limitation disputes.The fourth chapter puts forward some suggestions. First, we should change our minds and ideas, create new theories of the international regimes and actively participating in the international affaires to acquire the corresponding status and rights in the international community. Second, do more for ourselves and for the surrounding countries before the disputes settled. Resolve the issues through all kindsof peaceful means. The best way is political means. Otherwise, appeal the international judicial bodies to determinate the issues flexibly and selectively. Last but not the least is my plan about how to realize the joint development in South China Sea.