International Law Study On Sovereignty Dispute Over The South China Sea Islands

The South China Sea Islands Sovereignty Dispute is the divergences andcontradictions of relevant stakeholders in the South China Sea Islands, which involves with sixcountries. In addition, Taiwan Region of China is also involved. The South China SeaIslands Sovereignty Dispute focus on the Nansha Islands in the South China Seawaters. The South China Sea, occupying superior geographic position, having plenty offish, oil and gas resources, undoubtedly, becomes the focus of the Asia Pacific Regionin today’s energy crisis. As the importance of petroleum and the geographical positionof the South China Sea continuously emerges since1970, countries outside the region,such as Japan, India, and the United States also intervene in the South China Sea,trying to safeguard their interests in Southeast Asia and the Pacific Region, heatingthe South China Sea Islands Sovereignty Dispute. At the beginning of2013, thePhilippines Foreign Ministry submitted the South China Sea Dispute to theInternational Arbitration Tribunal according to the United Nations Convention on theLaw of the Sea. After China stated the attitude of no participation, the Philippinesgovernment filed a complaint unilaterally. At the end of2014, the Ministry of ForeignAffairs issued a position paper, that is, the government of People’s Republic of Chinawon’t accept and participate in the arbitration, and stated that the arbitration tribunalhas no jurisdiction over the dispute from the legal angle. The South China Sea IslandsSovereignty Dispute gradually heats up, its essence is not only the sovereigntydispute, but also the sea power and resources war between the countries surroundingthe South China Sea, from a deeper strategic perspective, also the scramble for livingspace and the competition of national strength. Analyzing the causes and focusproblems of the South China Sea Islands Sovereignty Dispute, putting forward thestrategies of resolving the dispute over the topic are of vital significance to ourcountry.As this topic is involved in the hot issue of today’s international society, it hasimportant realistic significance and theoretical research value. The paper, used the longitudinal historical research methods and horizontal comparative research methods,combined the latest development in the South China Sea islands sovereignty disputes,based on the international principle, rules, international judicial practice case and therelated theory of international law scholars of international law, makes a research anddiscussion. Finally, the paper puts forward some private countermeasures to solve theSouth China Sea Islands Sovereignty Dispute.Firstly, the paper introduces the background, the status quo of the South ChinaSea Islands Sovereignty Dispute. Secondly, starting from the historical documents, inview of the positive and negative aspects, the paper demonstrates that China owns thesovereignty of the islands of the South China Sea. From the positive point of view,the paper proves that China first discovered, fist managed and first had continuousjurisdiction over the South China Sea Islands; from the angle of the principle ofestoppel and the principle of inter-temporal law, the paper proves that China owns thesovereignty of the South China Sea islands. From the negative point of view, thepaper rejected the surrounding countries’ claims, and discusses the principle ofeffective control is not applicable to solve the disputes in the South China Sea IslandsSovereignty. Finally, aimed at the dilemma in the South China Sea islandssovereignty dispute, the paper puts forward the corresponding measures that Chinashould be taken, including constructing the framework mechanism; improvinginternational legislation; perfecting the relevant domestic legal system and promotinginternational cooperation and so on.“Blue Enclosure Movement” continues fermenting in the global scope, as for theSouth China Sea; its neighboring countries adopted various new strategies in solvingthe disputes. In face of this new challenge, our country should take a more targetedstrategy to maintain the legitimate rights of our island sovereignty. United NationsConvention on the Law of the Sea could not offer full basis to solve this dispute, weshould recognize the historical fact and international law to confirm the significanceof China’s territorial sovereignty over the South China Sea islands. Further study ofinternational court precedent and Marine Court advice has a realistic significance onthe South China Sea islands sovereignty dispute solution. At the same time, weshould explicit the position of the sovereignty of the South China Sea dispute in our country, to solve respectively, rather than to make it regionalized andinternationalized. In order to resolve the dispute over the South China Sea islandssovereignty from the source, our country should make clear ocean strategy, putforward specific claims, and take active action, with a powerful strength to cope withthe challenges and achieve the goal of protecting the island’s sovereignty.