Explore To Sovereignty Issue Over The Huangyan Island In International Law

It is an undeniable fact that Huangyan Island has been China’s inherent territorysince ancient times. From the beginning of the90s of the last century, the Philippinesclaimed the sovereignty of China’s Huangyan Island, and for the first time in1997provoked "the incident of Huangyan Island." Since then, China and the Philippinesproduced the friction more and more due to the Huangyan Island. In2012, thePhilippines pushed the problem of Huangyan Island to a climax, making it the focalpoint of disputes over the South China Sea between China and the Philippines. someIn addition, some big countries in the US-led have the evil intentions and set up theobstacles, making the already complex problem to become more difficult to control.Since the beginning of time, the international community has generallyacknowledged that China has had the territorial sovereignty to Huangyan Island. Evenbefore the1990s, the Philippine government also recognized. However, due to theHuangyan Island has an extremely important strategic position in the South ChinaSea. Especially in recent years, the scientific community found a lot of oil and gasresources that stores around the Huangyan Island. These promote the Philippineswants Huangyan Island as their own appropriation impatiently and by any kind ofmeans. For this reason the Philippines even made use of the distorted and fabricatedprinciples of international law and rule. And the Philippines quoted the "UnitedNations Convention on the Law of the Sea " out of context, churned out the so-calledowned "the basis of international law" and "evidences " of the territorial sovereigntyof Huangyan Island. Therefore, this article begin with the generation anddevelopment and the history and current of the so-called "the dispute of HuangyanIsland" between China and the Philippines, list "the basis of international law" and"evidences" of the territorial sovereignty of Huangyan Island raised by thePhilippines, and analyze totally from the view of international law at aspects ofhistory, geography, reality and International jurisprudence, discuss the claims andbasis of the Philippines that is illegal. Meanwhile, the article briefly analyze the existproblem that is about safeguarding the sovereignty of the Huangyan Island for China, and briefly discuss the way of solving the issue of Huangyan Island for current ChinaThe whole article is divided into four parts:The part one firstly analyzes the value of Huangyan Island and elaborate theorigin, development and the situation of “the dispute of Huangyan Island” betweenthe Philippines and China.The part two lists the claims and basis of the Philippines. It analyze and researchfully the claims and basis of sovereignty over Huangyan Island raised by thePhilippines by using principles of international law made territorial approach,customary rules and the practiced cases by the ICJ ruled., demonstrate the illegalityand absurdity of the claims and basis of the PhilippinesThe part three discusses the historical basis, geographical basis, realistic basisand the basis of international law that Huangyan Island is China’s territory startingwith the evidence that China has put forward to own the evidence of the sovereigntyof Huangyan Island. These basis can demonstrate that Huangyan Island has beenChina’s inherent territory since ancient times and it is an undeniable fact.The part four is the summary of the problem of Huangyan Island. The partanalyze the exist problem that is about safeguarding the sovereignty of the HuangyanIsland for China, and briefly discuss how to solve the problem of Huangyan Island.First of all, it summarize and analyze the exist problem that is about safeguarding thesovereignty of the Huangyan Island for China. Second, the part propose the way ofHuangyan. Firstly, China does not seek to take justice approaches. The reason is thatHuangyan Island has been the inherent territory of China since ancient times. In thesovereignty of the Huangyan Island, it has not dispute between China and any othercountry. If the parties submit the issue of Huangyan Island ruled or arbitrated by theinternational judiciary, then that is equivalent to admit the existent of “dispute”, butour government will increase the in-depth study of international maritime law system,and make sufficient preparations for later Huangyan Island "dispute" questionssubmitted to the international tribunal for the law or international arbitration.Secondly, the way of negotiation is difficult. The Philippines knows that it claims thebasis of the sovereignty of Huangyan Island that is not true and jurisprudent, and itdoes not negotiate peacefully and seriously to solve the issue, but China does not give up. Thirdly, the solution with the way of warfare. When the peaceful solution is notworkable, and the Philippines also brazenly challenges the core interests of ourcountry, and Chinese government endurance is tested to the utmost, then our countrycould take the way of warfare to solve the problem for safeguarding the integrity ofthe national territorial sovereignty, but the way is the last decision. Finally,“Materialcontrol”. Through careful analysis, combining the current situation, the author putforward six countermeasures, so as to solve the problem of Huangyan Island.