Discussion On The Legal Status Of The Waters And The Sky Within Nine-dotted Lines

“The nine-dotted lines of the South China Sea” means a U dashed line marked in themap of South China Sea. Since1947, when the line was announced, it had not been objectedby international community, so as to other countries around china, which equals acquiescence.At that time, diversified maps published by different countries were marked according to thisline and indicated the ownership belongs to china. However, it has been widely concerndsince Chinese Taipei formulate the legislation of“one policy program on the South China sea”，which definited the territorial water inside thenine dotted lines as “historic waters”. Some countries in south East Asia even questioned thecharacter and legal statues of the nine-dotted lines of the South China Sea. As we know, theislands around south china sea is our coastal areas and territorial seas, it has been discoveredby Chinese people for over2000years. As a result, the south china sea islands are veryimportant to china in both economy and strategy. Nowadays, china has suffered a lot ofdispute in the issues of south china sea, which are not able to avoid. Thus, we must analyzeour specific conditions, applying new strategies in order to solve these historical problems andprotect the inviolability of the sovereignty in the South China Sea islands. The situation in theSouth China Sea has changed a lot since the beginning of21century. Many neighboringcountries and extraterritorial are adjusting their strategy and policies in the South China Sea,which continuously challenge our policies and claims for rights in the South China Sea. Now,the situation in the South China Sea has been changing from overall stability to turmoil,uncertain factors are increasing as well. So the nature of confliction has turned to be the gameof maritime strategy to neighboring countries than the game of maritime rights and interests.It is foreseeable that, in the next period of time, the situation in the South China Sea will keepa overall peaceful but partially confrontation and conflict.This essay has approximately20000words, besides outline and conclusion, there are fiveparts in this essay.The first part illustratest he formulation and main theory of nine-dotted line in southchina sea and gives the own point about this lines. The nine-dotted lines in the South ChinaSea was emerged in the background of islands being occupied by other countries, in order toprotect the Chinese government’s Territorial sovereignty in islands there and announce the Chinese government’s jurisdiction in this area.The second part introduces the historic rights specifically. The development of historic rightsis initially illustrated. And the practical use of historic rights is then introduced through threeinternational cases. After that, the relationship between “convention on the law of the sea”and “historic rights” is interpreted, pointing out that the “convention on the law of the sea”did not deny the existence of historic rights but the status of historic rights in convention onthe law of the sea is not as clear as it in the “territorial water” policy.The next part shows the historic right in the area of nine-dotted line, Narrating thelegitimacy of our rights from the continuously of exercises sovereignty over,the exercise of sovereignty and the default of other countries. Compared with other countriesproposing the appeals of right in the south china sea, our rights have obviously priority. Thisessay points out that the “United Nations Convention on the Law of the Sea” is not the onlyway to solve the conflicts，Chinese rights in south china sea has been established before theeffective of convention.The forth part briefly introduces the right of navigation and fishery within the area ofnine-dotted line and lists some related policy to show that the freedom of navigation in thearea of nine-dotted line shas not been threatened.The last part suggests establishing the air defense identification zone in the South ChinaSea relying on the nine-dotted line. It presents the air defense identification zone in the EastChina Sea and elaborates the juristic basis and importance in establishing air defenseidentification zone in South China Sea, pointing out some related program and legislativeproposals.