| With the discovery of oil and gas resources of the South China Sea, the conflicts and disputes in South China Sea increasingly intensified.Vietnam, Philippines, Malaysia, Indonesia, Brunei, the five countries have put forward territorial claims over the Nansha Islands and its adjacent waters,which like "Ocean Rodeo" campaign. US encouraged neighboring countries in the South China Sea, by using "freedom of navigation" as an excuse to compete marine resources. The reseach on conflict and coordination of freedom of navigation in the South China Sea and marine resource development has far-reaching significance. In the theoretical aspects:First, clear the border of freedom of navigation in the South China Sea. Past research on freedom of marine navigationa builds in order to Grotius as the representative of "Freedom of the Seas" theory which is widely applied in specific areas of the South China Sea, which lack of clarity times. Second, fill gaps theory of ocean South China Sea, South China Sea issue innovative solutions multidimensional dimension. In conflict with the freedom of navigation in the South China Sea Coordination and Resource Development for the sight to be research system, it would provide a theoretical approach to solve the South China Sea issue. In practical terms:First, to promote the orderly development of ocean sailing and the gradual normalization of resources, which would contribute to a stable sense of peaceful use of the South China Sea. Second, to provide a reference for the coordination of construction of freedom and resource development in the South China Sea.The article consists of four parts In addition to the introduction and conclusion.The introduction section describes the main topic of the origin, current research, and the research content and research methods. Highlighted the freedom of navigation in the South China research and development of marine resources conflict reality, leads to the article topic.The first part of a comprehensive study of the bases of international law freedom of navigation in the South China Sea and the development of marine resources, namely the International Law Perspective freedom of the seas and marine resources development under international law system of navigation, including history and its evolution theory of freedom of navigation and ocean marine resources development of international legislation law, focusing on the "UNCLOS" in the marine navigational rights and marine resource development.The second part is the freedom of navigation in the South China Sea conflict theory and development of marine resources, including an analysis of conflict and conflict substantive motivation. This chapter is the difficulty of the article, it is one of the core articles. Gotta idea is to "freedom of navigation in the South China Sea" as a clue, "the phenomenon-the essence" as the basic paradigm of freedom of navigation in the South China Sea conflict relations and development of marine resources for the "quality" of the analysis, which reveals the freedom of navigation in the South China Sea and the development of marine resources the essence of the conflict. On top of this analysis lead to direct and fundamental drivers of freedom and development of marine resources sailing the South China Sea conflict formation.The third part is the joint development of the South China Sea and its Applicability Analysis. Law and Economics stressed that "efficiency" and "balanced" economic sense, the pursuit of "cost-benefit" and maximized. From this perspective, when building the conflict coordinated, if the use of a program and practice exist, the creation of the new system compared to the urgent need to solve the problem, the law must be more to save costs and improve efficiency law. Depth study of joint development of the South China Sea conflict coordinated constructed provides an important reference. So, the South China Sea to jointly develop programs to address the South China Sea as an important issue, and to practice and develop long-term, can apply to freedom of navigation in the South China Sea conflict coordination and development of marine resources? How should apply or whether you can learn from? These reflections constitute the basic idea of the South China Sea to jointly develop applicable research. Joint development of South China Sea is applicable to joint development in the origin, definition, and function in accordance with international law and other issues to be rethinking the basis of the study, including two points:First, the effectiveness of inspection, namely China’s participation in the joint development of South China Sea process and current situation; second, the feasibility study, that the real factors that affect or hinder joint development of the South China Sea were summarized.The fourth part is to coordinate the freedom of navigation on the South China Sea and marine resource development. This chapter is the focus and core of the article. The key to the theory of coordination to fully understand and grasp the essence of the South China Sea conflict freedom of navigation and marine resource development in order to analyze the substance of the conflict theory of conflict and conflict as the motive argument coordination on direction. On coordinated under the guiding role conflict theory is not the point, coordinating more emphasis on coordination on the breadth and depth of the conflict, mainly contains the basic principles on the establishment of coordination; clarify the South China Sea regional issues; legal norms correction; the rights of its own regulations in four areas. Coordination theory highlights two useful values:freedom of navigation in the South China Sea and one in development of marine resources-Value of "conflict of coordination" paradigm; the second is the rules of navigation in the South Reference Value of "First structure to improve the" dimension of.Conclusion section would offer gains of ignorance to form Freedom of navigation in the South China Sea sailed under the perspective of China’s maritime interests. |
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