Article 121 Of The United Nations Convention On The Law Of The Sea

Island system from pure geographic category to enter to the international law category, growing in the position in modern sea islands. In 1982 the establishment of the United Nations convention on the law, created the land power of the new era: sea power control in the system of island explicitly give the legal status of the reef islands and land fairly. Every sovereign state driven by interests, enterprise have coveted island waters rich in resources, and behind it contain important political, military strategic position.This paper discusses the logical structure as follows:First of all, based on the retrospective summary island system formed under the premise of history, from the Angle of history, understand the island reef define production process, especially analysis the system in an island in the produced during the forming process of the different aspects of argument, help seeking system using the solution of the problem produced in the process.Second, the comprehensive national and the international court of justice for reef conflict resolution practice, further extended the deficiency of system analysis in the convention on the island, including internal logic fault on the level of legislation, rocks, the lack of definition, "artificial islands" with the level of "natural" is not clear, maintain the "human life", "economic life" the interpretation of the principle and the way to explain many differences exist, and so on.According to the different views of many scholars, the author thinks, should adhere to the principle of overall good explanation, will the convention of 121 as a whole to consider, the reef as a special type of island; "Human habitation" and "economic life" separately, respectively, and according to the real condition, adopt the method of expanding explanation, for long-term and stable living conditions, and proper use of the resources of the surrounding seas is a necessary means of living, in order to determine whether accord with the components of the island. In addition, for improvement of the system of the convention island level, should be clear as soon as possible "rocks" islands "logical relationship," clear "to live", "human daily life" standard, in order to countries to fully respect and the implementation of the convention, the convention will maximize the conform to the development of times and the explanation of national situation and the trend of development.Island system finally, in view of the convention, with the existing Marine situation, as one of the biggest developing country, China should be based on the principle of common development, under the background in the era of peace and friendship development, stick to your own land, blue in the face of reef dispute take positive coping strategies, reasonable and legitimate. Don’t break the convention, stick to your own responsibility and bear, ocean sovereignty of our country, from a big ocean ocean power.