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The Impact Of "the Law Of The Sea Of Vietnam" On The Spratly Islands Dispute And Our Countermeasures

Posted on:2015-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:A H DengFull Text:PDF
GTID:2296330431484078Subject:Law
Abstract/Summary:PDF Full Text Request
In January2013," The law of the Sea of Vietnam" adopted by the VietnameseNational Assembly came into effect.It’s for the first time that Vietnam includes China’s Paracel Islands and the Spratly Islands into its scope of the so-called "sovereignty"and " jurisdiction "by way of legislation,which is a serious violation of China’smaritime rights and interests. The Act strengthens the Vietnam unilateral stance onthe South China Sea and departs from the the purposes and principles internationalcommunity and ASEAN follow to resolve the South China Sea issue. It underminesChina’s creative efforts to promote a peaceful settlement of the South China Sea issueand makes the South China Sea situation worsen.Our interest in Spratly Islands now is facing serious challenges. More reefs areencroached seriously and sea demarcation is becoming more difficult and resourcesare plundered arbitrarily. With the grim background of the increasingly South ChinaSea situation, the study of "The law of the Sea of Vietnam" impact on the SpratlyIslands disputes has important guiding significance for China’s sovereignty disputeswith neighboring countries in the South China Sea.This paper will analyze the " Thelaw of the Sea of Vietnam " from the brewing process to the introduction, causes,backgrounds, and the impact of " The law of the Sea of Vietnam " on the marinesecurity of our country. At the same time, a series of measures to deal with the Lawwill also be proposed. The article is divided into five parts on the subject study.The first chapter analyzes the background of introduction and implementation of"The law of the Sea of Vietnam ", including foreign and domestic background to lay asolid foundation for the discussion below.The second chapter analyses the content andcharacteristics of "The law of the Sea of Vietnam". This part gives a detailedinterpretation of the content of each chapter which sums up the the maincharacteristics of "The Law of the Sea of Vietnam ".The third chapter analyzes theimpact of "The Law of the Sea of Vietnam "on the Spratly Islands dispute between China and Vietnam.First,it gives a brief introduction on the dispute betweenChina and Vietnam which highlights Spratly Islands dispute focus and the actions ofVietnam in the Spratly Islands dispute and condemns the series of acts.Thenanalyzes the impact of "The Law of the Sea of Vietnam "on the Spratly Islandsdispute between China and Vietnam and our predicaments to solve the dispute. Thefourth chapter is our response to the Vietnam policy of South China Sea. Suggestionswill be given from four aspects. First, define the legal status of “nine-dotted-line”clearly. Second,step up the improvement of China’s marine rights strategy.Third,prepare the legal basis for arbitration or litigation well. The last but not least,re-examine "shelving disputes and seeking common development" strategy.China’s maritime rights are facing new challenges because of the The law of theSea of Vietnam.It must arouse our enough attention. Based on the detailed analysis ofthe The law of the Sea of Vietnam I hope to provide reference opinions andSuggestions to perfect Marine rights protection strategy for our country.
Keywords/Search Tags:The South China Sea dispute, The Law of the Sea of Vietnam, TheSouth China Sea, Vietnam
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