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The Solution Of China’s Maritime Disputes

Posted on:2016-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:W H ShaoFull Text:PDF
GTID:2296330467989552Subject:Law
Abstract/Summary:PDF Full Text Request
Since Marine resources were found, all the coastal countries are competing for Marineresources and their claim to the Marine rights and interests, to maritime disputes.In ourcountry, in addition to the bohai sea is a inland sea waters in our country so no maritimedispute, the other three sea area has a big or small the maritime disputes with neighboringcountries, of which the most of the south China sea disputes between China and thePhilippines.The Philippines to take a variety of means to compete for the Marine rights andinterests of the south China sea and the territorial sovereignty, including throughrepresentative on the huangyan island vertical erection, detained Chinese fishermen, pursueehime-maru, fishing boats, modify the map, the constitution and other internal means toprove the actual control of the huangyan island and territorial sovereignty.The Philippines isa unilateral will between our country and in view of the south China sea islands sovereigntydispute for arbitration of the international court of justice.China in addition to send throughthe foreign ministry statement research team and the outside of the sovereignty of huangyanisland, there was no significant, powerful measures for territorial sovereignty.China’scompulsory arbitration for the Philippines unilaterally filed resisted, because the Philippinesfiled compulsory arbitration does not conform to the basic principles of international lawand China signed the United Nations convention on the law of sexual regulation.At presentour country face the territorial and maritime disputes attitude is to "shelve dispute, commondevelopment", but this claim is not widely recognized by other countries in theinternational.In fact, our country has a sufficient legal basis for the historical basis and canprove that the huang yan island in our country such as the south China sea reef has absolutesovereignty, but because of maritime rights and interests in China attaches great importanceto the late, not ready to relevant evidence, and there is no domestic legislation on themanagement and maintenance of maritime rights and interests effectively, no activemeasures of safeguarding sovereignty and maritime rights and interests on the reef to proveour country stipulated in international law the effective control, therefore, lead to ways tosolve maritime disputes in the face of international justice in China is not dominant.So, how to prove that China has reached the international management of the disputed islands on the standard of actual control, what measures are taken to safeguard China’ssovereignty and integrity, in the framework of international law in protecting maritimerights and interests in our country, this article through four parts are analyzed.The first part, introduction.Overall described in this paper, the selected topicbackground, this paper expounds the maritime dispute settlement method the researchpurpose, significance, through the introduction to the research status at home and abroad toput forward their own point of view, also introduced the research methods and innovationsof this article.The second part, the profile of the south China sea dispute to arbitration.Through caseanalysis and comparative research, this section with the Philippines in the south China seadispute to arbitration, starting with analysis of principle and actual control principle Angle,put forward national sovereignty dispute to resolve the problem, the two countries to thesouth China sea island of Taiwan and the Philippines claim strategy, analysis of the twocountries adopt the strategy of advantages and disadvantages, and argues that internationallaw basis, the two countries to see in the face of a territorial dispute in our country, thestrategy, and the history of China’s sovereignty over disputed islands and jurisprudentialbasis are fully analyzed.The third part, the Shanghai business dispute settlement way of analysis.This sectionfirst by studying the1982United Nations convention on the law to the analysis of thepositive and negative effects of, to explore the international law to build environment ofChina’s maritime disputes.Secondly, through the case analysis method for other countries inthe world face the territorial and maritime disputes in the solutions to the comparativeanalysis, to study our country can adopt in dealing with territorial and maritime disputes.The fourth part, several thinking of ways to solve maritime disputes in China.Throughthe second part of analysis on the advantages and disadvantages in the south China seadispute’s strategy of China and the third part of the United Nations convention on the law ofinternational environment and other countries in the world is the strategy analysis, in thefourth part concludes that the future of our country to solve the opinions of the territorialand maritime disputes.In this part puts forward now on the way to solve maritime disputesinternationally with maritime arbitration, maritime litigation and signed the international treaty on through diplomatic means three main ways.The advantages and disadvantages ofeach three ways in China is only the three ways together, strengthen the domestic legislation,encourage domestic scholar’s researches of the related project, related to areas of talentcultivation, to peace to solve maritime disputes, safeguard China’s sovereignty and integrity,to protect China’s maritime rights and interests shall be inviolable.In this paper, on the whole in the Philippines, for example, the south China sea disputein the south China sea dispute from China’s strategy on the basis of analysis on theadvantages and disadvantages, in the face of territorial disputes in China to takecountermeasures, draw lessons from other countries in the face of the territory of maritimedisputes, maintaining territorial integrity strategy, put forward opinions and Suggestions onthe solution of the maritime disputes in China.
Keywords/Search Tags:United Nations Conference on the Law of the SeaPre-emption Doctrine, The Effective Control Principle, Maritime, Arbitration, Maritime Litigation
PDF Full Text Request
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