Countermeasure Study Of The Dispute Of South China Sea Between China And Vietnam

In1982, after ten years of gestation period, when the United Nations Convention on the law of the sea eventually applicable to the South China Sea, the South China Sea issue became more complicated and changeable, and new theories and principles for maritime delimitation began to establish. In fact, it marks the beginning of a new era in international Marine order. With the improvement of Marine territory consciousness, as well as Chinese and Southeast Asian countries, disputes concerning the sovereignty over some islands and reefs and the delimitation of certain waters in the South China Sea first surfaced as an issue. The South China Sea surrounding countries constantly provoke islands sovereignty dispute, claim their legitimacy of the sovereignty of the South China Sea, and distort historical facts and related legal theory, some even preempt the reef and exploit resources in order to achieve the purpose of actual benefits from the South China Sea.The South China Sea has been turbulent water during the recent years and Vietnam is quite outstanding in the countries involved in the South China Sea disputes. On the one hand, in the five parties to the sovereignty dispute, Vietnam occupies29of all the52inhabited islands or reefs around the spratly islands and their adjacent seas, and Vietnam also is the only country aside of China that claim the sovereignty of the Paracel islands, in such a case, the solution of the South China Sea dispute between China and Vietnam is most important for China to properly solve the entire South China Sea issue. On the other hand, under the efforts of both sides, on the other hand, by means of joint efforts from both sides involved, we have got a better results between the negotiate about land frontier and Beibu Gulf Marine delimitation, in addition to the successful experience over a peaceful solution to the boundary issue. The question how to deal with the dispute with Vietnam in the South China Sea and then gradually solve the issue peacefully, is the most important steps and main difficulties for China to solve the problems of the South China Sea and to realize it’s maritime strategy.The purpose of this issue is to make systematic research over the real cause, the background reasons, and also the impact factors in the exploration of Vietnam and China Sea dispute, so as to get inspiration on the difficult subject that which is the reasonable countermeasures and the way out of the immediate challenge.The paper is divided into three parts for analysis.The main content of the first part concentrates upon the overview of the South China Sea delimitation disputes with Vietnam, and it’s history origin. In the first section of this part, it describes the general situation of the South China Sea. Next in the second quarter, the focus is put on the historical evolutionary track of the South China Sea dispute, following the historical origin and evolution process of the issue, it presents the four periods of the disputes and also it’s respective conflict state and characteristics. Four periods throughout the history of this event:the first phase is the French colonial period (from1930to1954A.D.), during this period, a series of events led to the arising of the sea disputes with Vietnam in Spratly Islands; The second phase is the north and south Vietnam partition period (from1954to1975A.D.), the main characteristic of this period is that the North and South Vietnam were not in agreement on diplomatic policy over China South Sea problem; The third phase is the period after Vietnam unification (from1975to2002A.D.), during this period Vietnam preempted a mass of islands and reefs around the Nansha areas; The fourth phase (since2002A.D.), after the third historical period, the dispute events enter a new stage, after Vietnam joining the ASEAN (Association of Southeast Asian Nations), the China South Sea issue gradually showed a trend of internationalization.The rest of the two chapters absolutely is the part and parcel of this assay. The content of this two parts can be said to be both as the author’s basic judgment to the South Sea dispute, and as the theoretical and realistic foundation of putting forward the coping strategies and reasonable solution for the territorial dispute between the two countries. We must to have an insight into the evolution of the dispute and clearly realize the cause to aggravate the phenomena, at the same time put ideas of both China and Vietnam into perspective, only in this way can we raise conclusions with pertinence, operability and systemic (or integrality).The second chapter focus on the real cause of the escalating sea dispute with Vietnam. Starting with the analysis of the strategic value of the South China Sea, and then went on the actual political environment of China and Vietnam, the author elaborate the economic and strategic value of the South China Sea based on these back grounds. It is precisely because this established or potential benefits rooted in the South China Sea, that the two countries in this conflict still have trouble reaching an agreement with islands sovereignty and maritime demarcation, so as to it seems like that it’s hard for the both sides of the issues to achieve effective consensus and cooperation. In addition, another content of this chapter is to analyzes the inherent contradictions and defect among the United Nations Convention on the law of the sea which is one of the important account for the continuously intensified dispute; At the same time, from the perspective of geopolitics, the author give analysis to the deep reasons why the United States, Japan, Russia, India and some other countries involve in the South China Sea dispute, and point out that the outside power involving in the South China Sea dispute is one of the great causes of failure to solve the South Sea issue between China and Vietnam. In the third chapter, the author represent the Nansha policy of China and Vietnam and the important gist of each related country respectively. In the first quarter of the first part of this chapter, Based on the preoccupation system in the territorial entitlement principle that permitted by the international law, it discusses the rationality in four respects just like "the earliest discovered","the earliest development","competent jurisdiction","widely accepted", claim that the sovereignty ownership of China to the South China Sea islands is absolutely reasonable and legitimate. The second quarter starts with the historical origin of "nine-dashed line" expounds it’s historical background and the most basic legal effects, meanwhile further elaborates the problem the China government faces, that is the problem of legal nature of the "nine-dashed line" and "inline waters". Then the Vietnam’s main arguments are analyzed in the second part of this chapter. In this section,the author points out that some behavior of Vietnam is blatantly beyond the scope of allowed by international law principles, and finally give the further discusses that the view of Vietnam is indeed just a quote from the United Nations Convention on the law of the sea one-sidedly, for it doesn’t have any legal basis.On the basis of former three chapters, in the fourth chapter, the author make a conclusion that want to deal with and gain adequate solution of the dispute with Vietnam, China government must to develop detailed international political strategy at the height of the global political situation. It needs a breakthrough and so as to seek the pathway and measures from multiple views such as "the international legal system","domestic legislation","Joint development system research","use of the military power" to solve the problem.Based on referring to abundant internal and external documents, the South China Sea situation was systematically summarized in this paper. In the first place, from a unique perspective, the author tease out those important events in the South China Sea dispute, summed up the historical evolutionary track of the South China Sea dispute, Summarize the character and important events during the four main periods in the evolution process of it; In the second place, combining actual conditions of the two countries, the strategic significance of South China Sea to both China and Vietnam was interpreted and illustrated by charts and graphs intuitively. Next, from the two aspects working-out process and detail of it’s content, this paper revealed unreasonable aspect of the United Nations Convention on the law of the sea, includes not only the inherent contradictions and defect, and also the negative effects it has brought about. Then, the author expresses his own viewpoint over the most basic legal effects of "nine-dashed line", and puts forward the topic relate to the inconclusive legal nature of it. In the end, the author proves that the complexity of the South China Sea dispute which make it a difficult problem to be resolved. Under such background of the era, it needs a breakthrough and so as to seek the pathway and measures from multiple views for China government to adjust political strategy and is to be achieving more developments, using integrated means such as military, policy and law, otherwise the actual effort will be severely limited.