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A Study On Taiping Island Legal Disputes And The Path To Resolve

Posted on:2018-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y YiFull Text:PDF
GTID:2336330515992309Subject:legal
Abstract/Summary:PDF Full Text Request
The thesis includes three parts——the introduction,the main body and the conclusion with a total of 21,000 characters.First,the introduction.As the United Nations Convention on the Law of the Sea does not particularly stipulate a classifying standard for islands and reefs,this classifying standard has aroused heated debates in the international academic and practical communities.Therefore,the thesis is of great significance to study the controversial legal problem of China's Taiping Island for the purpose of proving the legal status of the island from the perspectives of interpretation rules of the convention and the development of the island and islet stipulations,and by learning from international judicial precedent.Second,the main body.It includes three parts as follows.Firstly,an outline of the Taiping Island legal dispute.As the island in the South China Sea boasts excellent natural and geographical advantages and a high strategic value,it is a place of conflict.In history,it had been under seven different ownership,and Philippines was the trouble maker among one of the major conflicts.In January 2013,Philippines officially filed a case on the compulsory arbitration by China on the South China Sea issue,which led to a controversy over the legal status of the island.Secondly,an analysis of the Taiping Island legal problem.In January 2013,Philippines filed the case on the compulsory arbitration by China on the South China Sea issue,which was about the legal status of Taiping Island and whether China could claim the relevant maritime rights and interests concerning economic zone and continental shelves.The focus was on how to interpret the Article 121 of the United Nations Convention on the Law of the Sea.Thirdly,a discussion on the resolution of the Taiping Island legal problem.Since there is no clear international standards that can be referred to or any uniform international judicial precedents and national practices that can be learned,the author is trying to make recommendations on how to improve the United Nations Convention on the Law of the sea and reasonable interpretation,and find other flexible and comprehensive ways for the Taiping Island legal problem.Last,the Conclusion.The problem about the classifying standard for islands and reefs prevails in the controversy over maritime demarcation,therefore it is an urgent problem to be solved.Considering the controversy between China and Philippines,the author mainly discusses the natural and geography aspects of Taiping Island,the history and status quo of its ownership and sovereignty,the background,the analysis and the resolution of the controversy.Particularly,the author presents her own opinions on the legal status of the island.
Keywords/Search Tags:UNCLOS, legal status of the islands and reefs, Taiping Island, the arbitration concerning South China Sea
PDF Full Text Request
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