The Historical Right And Its Application In The South China Sea Dispute

Historic rights is undoubtedly the "VIPs" in international judicial practices.Although none of the international treaties even the "United Nations Conventionon the Law of the Sea" conferred the historic rights of clear defintions, theInternational Court of Justice and International arbitration institutionsfrequently invoke historic rights as a basis for judgment in the settlement of theterritorial dispute. Thus, the historical right system is irreplaceable in resolvingthe territorial disputes. In recent years, the historic rights has become the focusof International society again for the reason of the South China Sea issue.Neighboring countries are ignored or even denied our rights within the The NineDashed Lines for expanding their maritime rights and interests. Those countriesclaim for the sovereignty of the islands in South China Sea. Philippines evenunilaterally submit the dispute to international arbitration, China as a maritimenation, we must apply the law weapons to protect the inherent rights we have,not only in order to safeguard maritime rights and interests of China in the SouthChina Sea, it is certainly a historic contribution to the rules of international law inpromoting the rights of the formation made.The first part : I will focus on the difference between historical rights andrelated concepts, by analyzing the relationships among the historical rights,international customary law and the territory Acquisition System to make apreliminary definition of the nature of historical rights.The second part: I will focus on the legal status of historical rights. Firstly,affirming that the historic rights is the exception in applying the general rule byintroducing international treaties related to historic rights. Secondly, analyze thespecific cases about the historic rights.The third part :I will focus on historical rights in South China sea. It is a truththat China has historical rights in South China Sea and we should strengthen ourcontrol to the water within the Nine Dash lines.