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The Value Analysis Of South China Sea Kau Line In Era Of The Law Of The Sea

Posted on:2014-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:G Z ZhangFull Text:PDF
GTID:2256330401974961Subject:International law
Abstract/Summary:PDF Full Text Request
The South China Sea, located in mainland of China’s southeast direction, the Dongsha Islands,Paracel Islands, Sand Islands, the Spratly Islands four major the Islands spread in which the DongshaIslands, the Paracel Islands, Sand Islands now basically in China (including Taiwan) in under the effectivecontrol.We are talking about the South China Sea dispute, refers to the Spratly Islands dispute, the moststrategic and economic value as the Western Pacific Islands main islands and reefs of the Spratly Islands bythe neighboring countries in Southeast Asia such as: Vietnam, the Philippines, Malaysia, Indonesia, Brunei,the occupied. South China Sea islands since ancient times of China’s territory, China based on discoveryand preemptive two major principles to obtain the right to sovereignty of the South China Sea islands,according to historical records: the latest in the Han Dynasty, the Chinese people discovered the SouthChina Sea islands, and the first of them to develop and operate them, the Chinese government jurisdiction.Crisis in modern times came from the sea, despite the fortunes decline, the Manchu government and thegovernment of the Republic in the era of the poor and weak is still the same Western powers the fruitfuldiplomatic struggle, the powerful consolidate and safeguard China’s sovereignty over the South China Sea.February1948, the Government of China for the first time publicly published administrative region of theRepublic of China map, plotting the location of the four groups of Islands in the South China Sea, andpainted around11intermittent state boundaries, painting segment, which is the official portrayal of theChinese government first sense of sovereignty of the South China Sea islands. In this regard, theinternational community, including neighboring countries does not expressly oppose. People’s Republic ofChina was founded in1949and thereafter published in the South China Sea map marked with the11intermittently territory lines, in1953, after Premier Zhou Enlai personally approved and removed twobroken lines in the Beibu Gulf, and then on the map of China published are nine intermittently territory linemarked the boundaries of the South China Sea, South China Sea nine intermittent territory line referred tois the the Kudan line in the South China Sea. Law of the Sea is to determine the kinds of seas legal statusand adjust the subject of international law, the principles of the relationship between the countries engagedin activities in marine areas, the overall system and rules. The nature of the norms of the Law of the Sea has a common law or international law, a branch of the law of the sea is different from the ordinary domesticlaw, it has an international, integrated, fuzzy three characteristics. Modern law of the sea since the end ofWorld War II, the gradual formation of the Law of the Sea, the birth of the United Nations Convention onthe Law of the Sea "is a modern formation and the Law of the Sea logo. After the announcement and entryinto force of the United Nations Convention on the Law of the Sea, the South China Sea dispute has notonly failed to ease, but more intense and complex, the Philippines, Vietnam and other countries in recentyears gestures constantly, constantly stimulate tolerance in China, Philippines, March10,2009PresidentGloria Macapagal Arroyo despite China’s strong opposition, the official signing of the baselines of theterritorial law Republic Act9522No. Philippine territorial waters classified as part of the island of China’sNansha Islands and Huangyan Island, and then submitted to the United Nations to consider, the first half of2012, the Philippines sent warships in the waters near Huangyan Island and China deadlocked for severalmonths in a vain attempt to compete for control over Huangyan Island and Vietnam to be outdone, June21,2012, Vietnam by Vietnam the Law of the Sea, the Spratly Islands and the Paracel Islands included in thescope of its "sovereignty" and "jurisdiction", subject to the authority and dignity of the South China SeaKau line greatly impacts and challenges, mainly affected by the potentially rich resources temptation toabuse of the neighboring countries of the Convention, the Convention on its own shortcomings anddeficiencies three the influence of the factors. Realistically speaking, the South China Sea Kau line is botha precious legacy left to future generations their ancestors faced, and gave people a lot of confusion by theauthoritative experts of doctrine and national policy-oriented, we can be found in the South China Sea Kauline should have a dual nature, on the one hand, South China Sea Kau line is a Chinese maritime territoryline; On the other hand, the South China Sea Kau line is a regional peace and development lines. SouthChina Sea Kau line represents China’s sovereignty and territorial integrity, has unparalleled solemn andsacred, but taking into account the actual situation in the region, we are willing to be in accordance withComrade Deng Xiaoping put forward the strategic concept of "sovereignty me, putting aside disputes andjointly develop relevant shelve the sovereignty dispute between the countries through political negotiationand diplomatic means to promote the common development of the disputed waters of the South China Seafisheries, mineral resources, in order to promote regional peace and prosperity. Very complex demarcationof the waters around the South China Sea, but in the short term is unlikely to solve the current academic research should focus on "determine the baseline of the territorial sea of the South China Sea islands andisland in the delimitation of the effectiveness of the" two aspects. In international maritime delimitationbetween the relevant countries has concluded bilateral agreements with a large number of maritimedelimitation, their interpretation and use of the maritime demarcation of the international conventions, andto provide evidence for the formation and development of the maritime demarcation of customaryinternational law in the State practice in the Gulf region and the North Sea is the conclusion of the waters toresolve the the agreement more concentrated area, through the submission of these two regions wereanalyzed to provide useful reference for the South China Sea demarcation of our future. Sansha Cityestablishment of the epoch-making significance, not only because the declared the Kudan line withinChina’s sovereignty, but also help to enhance the effective control of China, and to lay a more effectivelegal basis for the future settlement of the South China Sea dispute.
Keywords/Search Tags:Discovery, Preemptive, South China Sea Kau Line, Law of the sea, Effective control
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