The Enlightenment Of The Case Of Xingma Island Dispute On China 's Solving The Dispute Over Huangyan Island

It is an undeniabale fact that Huangyan Island has been China’s inherent territory.However, the Philippines have been coveted the South China Sea since the beginning of the 90 s of the last century and it provoked “the incident of Huangyan Island ”.After that, China and the Philippines produced friction frequently due to the Huangyan Island. In 2012, the Philippines made the “Huangyan Island Confrontation”in the sea of Huangyan Island, pushing the problem to a climax. In January 2013, the Philippines presented a note verbale to the Embassy of China in the Philippines,stating that the Philippines submitted a Notification and Statement of Claim in order to initiate compulsory arbitration proceedings under Article 287 and Annex VII of the United Nations Convention on the Law of the Sea(“Convention”) with respect to the dispute with China over “maritime jurisdiction” in the South China Sea. Although China has stated many times that the essence of the subject-matter of the arbitration is the territorial sovereignty over several maritime features in the South China Sea,which is beyond the scope of the Convention, the Arbitral Tribunal made a rule on jurisdiction and rationality in October 2015.Actually, with regard to disputes concerning territotial sovereignty and maritime rights, China has always maintained that they should be peacefully resolved through negotiations between the countries directly concerned. In the present case, there has been a long-standing agreement between China and the Philippines on resolving their disputes in the South China Sea through friendly consultations and negotiations. But consultations and negotiations can not solve the problem thoroughly for the time being at least.The case between Singapore and Malaysia with respect to sovereignty over White Rocks, Middle Rocks and South Ledge(“The Singapore & Malaysia Dispute Case”) is one of typical cases of island sovereignty dispute verdicted by the International Court of Justice. Although the Court do not show exactly what rules or pinciples it follows, the effective control principle and the principle of estoppels are thought to be applied academically. In addition, there are many similarities between the Singapore & Malaysia Dispute Case and Huangyan Island Dispute. Firstly, dispute partied are the countries around the South China Sea, and they signed the Declaration on the Conduct of Parties in the South China Sea. Secondly, the disputed islands arelocated near and have the same legal attribute. White Rocks and Huangyan Island are rocks that can not sustain human habitation or economic life. Thirdly, the claims of the parties are similar. One of the parties advocated its sovereignty according to the Preemption Doctrine or the effective control principle. Therefore, the Singapore &Malaysia Dispute Case has an important reference to the Huangyan Island Dispute.The whole article is divided into five parts:The introduction introduces the research background and significance of the article as well as the relevant study in academic world.The chapter 1 introduces general historical background and history of the Singapore & Malaysia Dispute Case, both positions and the judgment of the Inernational Court of Justice. Besides, this chapter briefly analyzes the settlement and principles of international law in this case.The chapter 2 introduces general historical background and history of the Huangyan Island Dispute, as well as both claims and basis.The chapter 3 analyses the important inspiration from the Singapore & Malaysia Dispute Case, including settlement of dispute and application of international legal principles.The conclusion of this article is that China should resolve the Huangyan Island through friendly consultations and negotiations, but we should not exclude legal method, so we should be prepared in law respects.