Jurisprudential Analysis And Countermeasure Studies Of The South China Sea Disputes Between China And Philippines

As inherent territory of China, people of China has found the south China sea formore than2000years. Until they found the rich oil and gas resources, neighboringcountries began to notice in the important value and strategic significance of southChina sea.Until now, South China sea disputes has become the most complex disputewhich involves the most countries and the widest range.Due to its limitedresources,Philippines’ economic development is extremely dependent onsea.Philippines takes all kinds of actions and becomes "vanguard" of infringing therights and interests of the south China sea. Especially now, the Philippines submits thedispute to the compulsory arbitration court which is established by the United NationsConvention on the Law of the Sea.So there is important guiding significance on theresolving of the dispute between China and Philippines to resolve the dispute ofsovereignty between China and surrounding countries.On the basis of clearing up thedevelopment of the dispute and researching the proposition and strategy,they putforward practical guiding countermeasures to resolve the south China sea disputes.In this paper,following research methods are used:document research,caseanalysis, comparative analysis and so on.There are three main parts in this paper:The first part:the origin and current situation of the south China sea disputebetween China and Philippines. With time as the context, they review the wholeprocess of the occupation behaviors of Philippines, expounds the origin of the disputein the south China sea.On the basis of clearing up Philippines’ all kinds of behaviors,they summarize the present situation of the south China sea dispute.The second part:the jurisprudential analysis of the south China sea dispute between China and the Philippines.They analyze the sovereignty over the islands ofthe south China sea based on the historical facts and international law,and proveChina’s sovereignty over disputed islands. Refute the proposition of Philippines on thesouth China sea, to conclude that the Philippines’ understanding of the facts and thelaw distorted, thus further prove that the south China sea is China’s inherent territory.The third part: China’s countermeasures of the south China sea dispute betweenChina and Philippines. They firstly analyse the dilemma China faced to resolve southChina sea issue: the statues of south China sea nine-dotted line is embarrassing,China’s "Laying Disputes Aside and Developing Together" strategy faces manydifficulties, the slow process of China’s maritime law and the maritime legislativesystem is not perfect enough. To solve these problems will lay a foundation for thesolution of the south China sea dispute. The second step is the analysis of Philippines’strategy of the dispute,which is summed up in four strategies:to solve the dispute withUnited Nations Convention on the Law of the Sea, dispute influence wider andinternational, to solve the dispute with judicialization and occupy by various means.Among them,the research of the solution to the arbitration is most urgent.Through theanalysis of the fact that Philippines chose arbitration court to resolve the dispute, toconclude that Philippines’ behavior of fileding arbitration do not need China’sconsent,the court has no jurisdiction and China’s refusing to participating in thearbitration will not hinder the court to proceeding. The third step, put forward thecoping strategies and targeted measures to deal with the invasion of Philippines.Starting from their own and advocating actively to deal with the south China seadispute, safeguard China’s maritime rights and interests.