Legal Analysis On Huangyan Island Case Of Philippines V. China

Philippines submitted the disputes of Huangyan Island to the International Tribunal for the law and the sea of arbitration regardless of China’s against, which is a serious provocation against China’s sovereignty, but also a serious violation of international law and regulations. Philippines openly violated the fundamental purposes of "Declaration on Conduct of Parties in the South China Sea" ignoring the basic fact that Huangyan Island is a territory of China since ancient times. It used the small country national identity in an attempt to gain sympathy, and abused of international law and the relevant procedures to put pressure on China in an attempt to gain best interests.China made a strong response in the first step from the substantive and procedural aspects for the points of Philippines. In terms of substantive evidence, according to the preempt system and inter-temporal law, China has indisputable sovereignty to Huangyan Island. Philippines mentioned of the basis, such as the geographical proximity of the exclusive economic zone theory, inheritance of sovereignty, which are distorted and one-sided interpretation to the international law, and seriously inconsistent with the facts, and even self contradictory. Philippines can not prove its ownership and other rights of the sovereignty of the island of Huangyan. In the process, China gave Philippines fails to perform the arbitration before the first obligation, without effective consultation to China and other evidence. On the premise of the peace negotiations unilaterally arbitration is a violation of the International Court. Secondly, based on the "International Convention on the law of the sea" analysis, we made a clear scope of the jurisdiction of International Marine Court. According to the actual situation of the case, we can say that the international marine court does not have jurisdiction power on this case.Faced with increasingly complex Huangyan Island dispute, we can not ignore, but should be actively looking for ways to solve problems. China should maintain a positive diplomatic consultations, use variety of ways and take preventive measures effectively to seek recognition and support of the international community, to find the most reasonable way to deal with the dispute, ultimately solve the Huangyan Island issue.