The International Law Analysis On Delimitation Of The South China Sea

When the United Nations Convention on the law applicable to the South China Sea in1982. The South China Sea issue becomes more complicated and changeable. South China Sea surrounding countries, in order to their interests in the south China sea area, the waters of the south China sea for oil and gas resources, distort historical facts, and constantly provoke islands sovereignty dispute, the south China sea as the world’s "hot waters". The key of the South China Sea issue is the boundary of the South China Sea (SCS). The essence of the the South China Sea issue is the delimitation of the South China Sea. South China Sea demarcation issue is one of the main factors currently affecting peace, stability and development in the Asia-Pacific region, the South China Sea demarcation issue has become the current and future impact of China’s peaceful development, as well as Chinese and Southeast Asian countries, especially the development of relations between relevant countries involved in the dispute a major obstacle. Neighboring countries in the South China Sea in the South China Sea demarcation issue, have made their own delimitation claim, through domestic legislation, announced that the territorial sea baseline, clear exclusive economic zone and continental shelf. These delimitation claim seriously infringe on the rights of our country in the history of the South China Sea, a serious violation of the sovereignty of our country in the history of the South China Sea. Natural extension of its land territory delimitation claim put forward by the lack of support of international law is not recognized by the international community. In the South China Sea demarcation issue, the South China Sea countries should respect the historic rights of our country in the South China Sea and respect for the waters in the in Kudan line of the South China Sea and their sovereignty over the islands, in accordance with the principle of equity of customary international law to solve the demarcation problem. From the legal point of view, the use of international law is a tool of the international Law of the Sea the South China Sea demarcation issue, combined with the neighboring countries in the South China Sea claimed by demarcation in accordance with the assessment reflects the substance of the South China Sea countries on the demarcation of the explore China should pursue a policy analysis of the existing South China Sea delimitation dispute settlement patterns, and discussed under the framework of the China-ASEAN to shelve the delimitation disputes in the South China Sea, the establishment of the joint development mechanism, to achieve the common prosperity of the South China Sea.The paper is divided into three parts for analysis. An overview of the first part is the South China Sea delimitation disputes.The second part of the South China Sea delimitation dispute mode analysis. The third section presents specific ways to solve the South China Sea delimitation dispute under the framework of the China-ASEAN cooperation.In the first part, an overview of the history of the origin of the South China Sea delimitation dispute, of the South China Sea delimitation dispute the reality of the complexity and the situation facing our country. Second, analysis of the proposition and the basis in international law of the South China Sea countries in the South China Sea delimitation. And analyze the characteristics of the countries of China and the South China Sea delimitation claim. Use of international law, especially the Law of the Sea this tool, the national advocate legal assessment, to come to the South China Sea countries to ignore the South China Sea sovereignty delimitation claim is contrary to the principles of international law.In the second part of the research and analysis of several dispute resolution, including: four partitions demarcation France jointly delimitation, demarcation of the Ocean Park France. The analysis of the use of political means and the advantages and disadvantages to solve the South China Sea delimitation dispute resolved through international law means.In the third section is proposed under the framework of the China-ASEAN,"shelving disputes and joint development partnership for the South China Sea problem to solve is the current trend of settlement of the demarcation dispute. ASEAN cooperation documents strictly adhere to the " Declaration on the Conduct of Parties in the South China Sea ", a collaborative way, in the framework of the law, to overcome difficulties and obstacles, step by step, gradually deepening complicity South China Sea, the development of a new tomorrow.