| The right of self-defence is a legal expectation of the principle of prohibition of force according to the UN Charter. But how to interpret and apply this charter is disputed in reality. Since whether exercises its right to self defense can be decided by state freely, it will encourage the illegal use of force and lead to war in the end if it is not restricted by law especially international law. At present, the security dynamics of China seems to be calm in west and turbulent in east. Today and for the foresee-able future, the principal threat to China is from the China sea which can be proved by the South China Sea issue and the Diaoyu Island incident. We’ve warned by the internationalization of the South China Sea issue. Any solution for the south sea issue must be based on international law including the use of force for the purpose of self-denfence. Based on these considerations above, this paper analyses the ways of self-denfense exercise in practice with the key point of use force in self-denfece in South China sea.The legal basis of this article is international law, international customary law, international cases and international agreements. The research methods such as document research,case analysis, historical analysis and comparison synthesis etc. are used in the paper. And it is divided into four parts. Firstly, it analyses the history of the right of self-defense from the point of international law especially the influence of modern war to self-denfence. Secondly, it discusses the nature and characters of the South China Sea issue through its origin and development, as well as China’s position in this issue. Thirdly, it discusses the promises of the self-denfense exercise in South China Sea which can be considered as the bottom of self-denfense exercise and its foundation under international law. Finally, it puts forwards the basic idea on how to exercise our right of self-denfence in South China Sea when necessary under international law. |
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