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International Law Solution To Solve The South China Sea Dispute

Posted on:2014-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:F XiuFull Text:PDF
GTID:2246330395494267Subject:Law
Abstract/Summary:PDF Full Text Request
South China Sea, also known as international "South China Sea". Since ancienttimes, China’s indisputable sovereignty over the Islands on the South China Sea. Butin the1970of the20th century, with rich deposits of oil and gas resources in theSouth China Sea area was found that neighboring countries over the South ChinaSea Islands and its claim of sovereignty, or even the use the force, militaryoccupation and major powers outside the region based on the important strategicposition of being involved in disputes in the South China sea areas, the disputegradually has taken long-term, complicated, and internationalization features. Thesigning of the Declaration on the conduct of parties in the South China Sea whilealleviating to some extent in the situation in the South China Sea, but are not legallybinding in itself, cannot solve deeper contradictions in the South China Sea issue.This topics aimed at through on South China Sea dispute in the involved of legalproblem of research, analysis legal problem appears of causes, will South China Seadispute placed international rule of law of framework, using international rule of lawtheory from global dimension degrees address international hot problem, will theoryand practice phase combined, and in analysis current world situation of based,pointed out that China Government should take measures promote dispute of address,makes China in South China Sea dispute in the is dominated and boot status.Due to this research on topics involving today’s hot issues in the internationalcommunity, thus has important theoretical study on the significance and value. Thisissue using methods of historical research, comparative studies in the South ChinaSea dispute involves an in-depth analysis of the legal issues, international rule of lawand the proposed solutions to disputes in South China Sea path.First of all, in the South China Sea disputes involving legal issues raised byreference a large number of official statements (including Viet Nam, the Philippines,Malaysia, and Indonesia, Brunei and other countries) and historical information,comprehensive analysis of Vietnam, the Philippines, Malaysia, India and other countries claim and "basis". Using methods of historical research, analysis thehistorical and legal basis of sovereignty over the South China Sea, clear attributionof islands in the South China Sea and its sovereignty and delimitation of theexclusive economic zone and the continental shelf. To arrive at the irrefutableconclusion: China’s sovereignty over the South China Sea and its islands.Second, analysis the causes of legal issues in the South China Sea disputes,from resources, strategic positioning, interference of the great powers outside theregion, as well as the discussion on the United Nations Convention on the law ofperspective. This part analyses the strategic interests of major powers from outsidethe region, that its policy toward the South China Sea to, for the ChineseGovernment to take certain initiatives should provide the basis for interference in thecountries outside the region.Once again, submit the dispute to the international context of the rule of law,through improving relevant international legislative path, seek common interests ofthe international rule of law, promotion of the South China Sea disputes resolvedwithin the framework of the rule of law, maintaining peace and stability in the world.Finally, faced with the current plight in the dispute of South China Sea, theChinese Government should take concrete measures, including the political anddiplomatic means, economic and legal measures, not only for the South China Seadisputes out of the Woods, but also master the South China Sea dispute in China’sdevelopment and initiative.Conclusion, full text, the author on the basis of summarizing the content and onthe future prospects of the South China Sea dispute: China’s rise as newlydeveloping countries, has been committed to the peaceful resolution of South ChinaSea disputes, but in force as may be necessary, to appropriate deterrence. In theinternational arena, to show their strength at the right time and making their voices,conducive to the peaceful resolution of the South China Sea dispute, is also China’srational choice in the next few decades.
Keywords/Search Tags:the South China Sea Dispute, Sovereignty, the International Law
PDF Full Text Request
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