Solution Mechanism Study Of Dispute Of South China Sea From The Perspective Of International Law

The dispute of the South China Sea refers to the disputes of islands sovereignty, maritimedelimitation, offshore oil and gas resources, fishery resources, tourism resources and otherresources development around part of the South China Sea Islands and reefs and sea areaamong neighboring countries of South China Sea. Since the seventies of last century, the oiland gas resources in the South China Sea were discovered and the dispute of the South ChinaSea has started to arouse attention of the world. The essence of the dispute of the South ChinaSea is the contestation of benefits among neighboring countries of South China Sea.In recent years, the rapid increase of China’s comprehensive national strength andconstant enhancement of international influence have aroused suspicion among neighboringcountries of South China Sea. In addition, US and European parties advocate “China threattheory" in various occasions, which has deteriorated the situations around South China Sea. Itis of vital importance for the economic development and stability of neighboring countries ofSouth China Sea to solve the dispute of the South China Sea, ease tensions around the SouthChina Sea, and enhance mutual trust among them. Based on the above, the study of solutionmechanism of the dispute of the South China Sea is selected as the topic of master thesis.There are many domestic and foreign studies on the dispute of the South China Sea, andsuggestions are also proposed on its solutions. But there are also many deficiencies. Domesticscholars pay most attention on the determination of the sovereignty over the islands and listmany historical materials as proof. But the studies on the solution mechanism of the dispute ofthe South China Sea are not thorough, and the solution mechanism put forward by foreignscholars cannot base on China’s national conditions and conform to China’s interests. Basedon the latest situations of the dispute of the South China Sea, Conflict hotspots and variousnations’ policies and propositions, this paper deeply analyzes the propositions and nationalsituations of each nation in the dispute of the South China Sea, and seeks the dispute solutionmechanism which is most suitable for China and each dispute countries based on the existingdomestic and foreign study achievement, thus providing theoretical support for the solution mechanism of the dispute of the South China Sea.Historical analysis, empirical analysis, and comparative analysis and other researchmethods are adopted in this paper. In the first part of the paper, historical analysis is adopted inthe research of the sovereignty determination over the conflicted islands. Empirical analysis isadopted in the research of foreign successful solutions on the dispute cases of the South ChinaSea. And comparative analysis is adopted in the inspiration of foreign successful solutions onforeign successful solutions. The innovations of this paper lie in: based on the three problemsof sovereignty over the conflicted islands, conflicted sea area delimitation and resourcesdevelopment in the conflicted sea area, the paper makes a deep analysis and suggestions areproposed on the causes, the status quo, of the dispute, major contradictions among disputeparties, and successful experience of foreign sea dispute solutions. This paper combs the latestvariations of the dispute of the South China Sea in the new situation, deeply analyzes eachcountry’s propositions and benefit demands, and points out the limitations of the judicialapproaches on the current situations with the combination of the own characteristics of thedispute of the South China Sea. It proposes that the adoption of political and diplomatic means,enhancement of relationship between China and surrounding countries, and increase of mutualtrust and win-win cooperation is the realistic choice of the solution mechanism of the disputeof the South China Sea.