The Research On The Protection Of Ocean Rights And Interests In South China Sea Dispute

After the implementation of The UN Convention on the Law of the Sea, States drew the line of territorial waters and exclusive economic zone in accordance with the relevant provisions of the law, and actively safeguard the maritime rights and interests of their territorial waters, exclusive economic zone and continental shelf. It inevitably creates a lot of maritime delimitation and resource development problems. South China Sea has rich undersea-oil and gas resources and marine fisheries resources, even called "second Persian Gulf", and the location also has very important strategic value. In this region it has overlapping territorial waters and rights coincidence between China and the neighborhood countries. Vietnam, Philippines, Malaysia and other countries have unilaterally delineated the boundaries of their own territorial waters, even take military action usurped a large number of islands. Those activities invaded the sovereignty of our country in South China Sea.This paper first introduces the maritime rights and interests of China under "the UN Convention on the Law of the Sea". In the final analysis, the complex political acts usually have the underlying economic reasons, then the paper introduces the resources of the South China Sea, and focusing on the history and the status quo about the dispute of South China Sea. China has never given up sovereignty of the South China Sea, and changes the policy corresponding the development of the situation in the South China Sea. Under the policy "putting aside disputes and jointly develop", China consults and negotiates with neighborhood countries about the peaceful settlement of the South China Sea disputes, and successfully delimitates the boundaries of the Beibu Gulf Area. This is a successful attempt of maritime delimitation. Political method is the major application of settling international disputes in China, so are negotiation and consensus as the preferred way. Arbitration is limited to economic and trade disputes. Basically, China doesn't resolve important international disputes by the method of the arbitral award or the International Court of Justice, especially the sovereignty dispute. With China's integration into the international community deeper and deeper, China should be integrated political and legal even non-legal means to resolve the sovereignty dispute of the South China Sea islands and similar international disputes according to the actual situation, in pursuit of shelve the sovereignty dispute based on the joint development South China Sea resources, and build the mechanisms for international cooperation in the South China Sea.The paper is divided into introduction, body and conclusions. The Introduction is the study of the significance of the South China Sea issues, and introduced the status quo of the South China Sea. The body part introduces the concept of maritime rights and interests under"The UN Convention on the Law of the Sea", as well as rich resources in the South China Sea, the origin of the South China Sea islands dispute, the analysis that the demarcation disputes in the South China Sea is mainly in demarcation of the Nansha Islands and the Beibu Gulf. Then introduce the policies of China government in different periods in the South China Sea, and finally introduced the possibility to resolve the South China Sea disputes through a variety of means, and correspondingly the legislative, political and defense aspects of China should to make recommendations together.Finally, China and its neighborhood countries, should to put aside the disputes, and actively develop international cooperation about the establishment of a mechanism. They should to stabilize the regional situation and seek common development by developing. Sovereignty must not give up, but striving for the peaceful development of the environment and the maximization of national interests is the wise move. In the twenty-first century, peace and development is the major thing, cooperation among countries in order to develop the mechanisms of achieved effective governance of the South China Sea is a better choice. Because of the situation that the maritime rights and interests of China is against the serious violations by the current trends, we should pay more close attention to the establishment of a series protection systems and the marine policy of maritime rights and interests as soon as possible. We should to strengthen cooperation and create friendly relations with the neighborhood countries around the South China Sea under the policy "on hold disputes and seeking common development ", especially with ASEAN, so as to safeguard regional stability and economic prosperity as the goal, settle of the demarcation disputes through the peaceful negotiation means. We should actively promote joint development in the South China Sea, based on existing conditions, and strive to obtain largest economic interests of this region in order to improve the overall strength of China.