The South China Sea Dispute And Settlement On The Perspective Of International Law

As the"China-ASEAN Free Trade Area"had been established on January 1st, 2010, the politic and economy connection between China and ASENA has been become closer than ever before. Meanwhile, India plan to build FTA with ASEAN in 2012, and America power re-interfere with South China Sea affairs. In this historical background,it is necessary to review this dispute and study the dispute settlement.In this paper, I use the historic research and comparative theories to analysis the dispute.there are four parts in this paper.In part one; I try to analysis the origination of the dispute. First of all, I think it is necessary to give a short introduction of South China Sea, and then I explain the South China Sea's strategic means with the perspective of geographical politics. The last paragraph is about the resent aggression made by Vietnam/ Philippines/ Malaysia and Brunei.Part two is the key part of this paper. In this part, I do an analysis to the declarations of all the related parts in detailed. And I find that, compare with China and Taiwan China; other parts are short of historical evidence, especial Philippines/ Malaysia and Brunei. Though Vietnam can supply some historic"evidences", but most of these"evidences"were distorted. It is obvious that Vietnam's evidences are defective and misleading. However, we must realize that we also have deficiency. For example, in historic articles, the names of islands are changed one after another. Even can we not find a specific name about a specific island, they are called by joint names such as"jiu ru luo zhou","qian li chang sha". Even more, we just described these islands in ship'log. We are not sure it is valid or not.The third part is case-analysis. Through analysis the related case, i can find lots of useful information. According to this information, I think it is not a wise chose to summit this dispute to the court. Because, the court always adopt"impartial standard"to settle the dispute. So, if we summit, the judgment would displease any part.In the fourth part, I try to find another way to settle this dispute. I think it is a wise choice to settle this dispute though political negotiation. Though negotiation, we may reach an agreement to join exploit the resource in the dispute area. And I think this is an Win-Win cooperation.