The Research On The Solving Approach Of The South China Sea Disputes

The South China Sea disputes, which is our country is facing the most difficult, mostcomplex problems of coastal areas and territorial seas. The rich marine resources in the SouthChina Sea and superior strategic position caused the scramble of the neighboring countries. Atpresent, seven sovereignty claimed to the Spratly Islands, China’s sovereignty and security hasbeen a great challenge. Chinese academics on the South China Sea have been conductingin-depth study, discussion, and put forward a variety of settlement of the South China Seadisputes.This article is dedicated to starting from the various existing methods of the settlement,through a comparative study to explore a more feasible approach. This paper includes fourparts:In the first part of the article, above all, it provides a brief analysis of the advantages andlimitations of the political methods to the South China Sea disputes, proceeding from theconcept and classification of the political methods. Then, the article compares and analyzesthe current controversial bilateral approaches and multilateral approaches, and summarizes therespective advantages and disadvantages of bilateral approaches and multilateral approaches.Finally, it uses large numbers of examples which happened from2002until now, to explainmany practical difficulties the Declaration on the Conduct of Parties in the South China Seahas suffered，and discuss deeply the cause of the difficulties. This declaration signed in2002between China and the Association of South East Asian Nations (ASEAN), which is amultilateral approach to solve the South China Sea disputes.In the second part, through comparison and detailed analysis, this article discusses theadvantages and disadvantages of the three legal ways to solve the South China Sea disputes.Firstly, the article reviews the background of the United Nations Convention on the Law ofthe Sea and the resulting impact on the South China Sea disputes. Also, it introduces allsolutions of disputes under the framework of the Convention by illustrating method. Secondly,it focuses on three legal ways of the international community generally accepted, that isinternational arbitration and international justice. Thereinto, international justice includes thecase of two different jurisdictions subject——the International Court of Justice and theInternational Tribunal for the Law of the Sea. Through the analysis of recent precedents in international law, this paper summarizes the advantages and disadvantages of the PermanentCourt of Arbitration, the International Court of Justice and the International Tribunal for theLaw of the Sea to solve the South China Sea disputes.The third part of the article is to analyze the feasibility and limitations of the use offorce to solve the disputes. Since the end of World War II, the non-force principle became theconsensus of the international community. However, there is the principle that there areexceptions. This part starts with the exceptions of the non-force principle, through the analysisof the Charter of the United Nations and other international treaties to seek a legal basis touse force to solve the South China Sea disputes. Second, it lists advantages of the use of forceto solve the South China Sea disputes. Finally, it focuses on the use of force to solve the risksburden by the South China Sea dispute.In order to avoid the further deterioration of the situation of the South China Sea, thefourth part of the article puts forward some suggestions for reference which according to theabove problems, through a comparative analysis of the three means of dispute settlement.First of all, in the political solution, through further thinking the paper proposes two stepswhich is a active attempt of limited multilateral approaches to solve the South China Seadisputes. Secondly, in the legal solution, the article propounds some suggestions from threeaspects, that is the administration and organization of the Nansha, the application of UnitedNations Convention on the Law of the Sea and the appeal to the International Tribunal for theLaw of the Sea. Finally, in the force of the solution, this paper analyzes the joint of the use offorce to solve the South China Sea disputes, from the whole to the part, from macroscopical tomicrocosmic angles.Comparing all sorts of solutions of the South China Sea disputes, We can see the simpleuse of any methods can not properly solve the South China Sea disputes. I believe that thethree means of dispute settlement must be organically combined. Therefore, China must carryout diplomacy actively, dialogue and negotiate. At the same time, our country should try toopen a breakthrough from the legal way to solve the disputes, and also should strengthen ourdetermination to not give up the use of force to protect national sovereignty.