Study On China's Historic Rights In The South China Sea

Content:The historic rights in International Maritime Laws refers to the rights in a specific waters a country possesses since history,which have been confirmed by international law and continued to be enjoyed by claimant.Started from the hot issue that China's historic rights in the South China Sea were negated by South China Sea Arbitration entirely,this article discussed the relevant theories about the historic rights in International Law.First,by analyzing various views in relating areas got the viewpoint I agreed;then demonstrated the legitimacy of China's historic rights in the South China Sea;finally expounded the influence and effect of historical rights for our country to solve the South China Sea boundary dispute in the future from the perspective of the South China Sea's maritime boundary delimitation dispute.The concept historical rights developed from the concept historical gulf;in the process of defining the historic gulf,international society put forward a series of concepts and terminologies,such as historic waters,historic titles,historic rights,etc.,with the passage of time and the development of theory and practice,the content of historic rights theory gradually became clearly and perfect.Historic rights can refer to the exclusive rights with territorial nature,namely the historic title;can also the non-exclusive rights with non-territorial nature.The components of the historic rights are necessary conditions of the formation of historic rights;the two prerequisites of the historic rights are claimant exercise state power sustainable and steady and the default of other countries.The components of the historic rights meet the requirements of the composition of the Customary International Law,therefore the historic rights is part of Customary International LawChina has been exercising national jurisdiction to the islands inside the nine-dash line and the nearby waters,which can be proved by plenty of data in history.The nature of the nine-dash line should be considered as island line,at the same time,the rights China possess within the nine-dash line is fully compliance with International Law on the components of the historic rights.Though there is no clear definition on the right form and content of historic rights in ?United Nations Convention on the Law of the Sea?,it is not enough to deny historic rights' legal effect.First of all,even?the Convention?is honored as " Magna Charta" law of the sea in the international ocean world,it does not mean that?the Convention?covered all of the rules of Law of the Sea,which is clearly mentioned in the preface;Secondly,historic rights are rights a country has possessed since history,are obtained by aging and its legal nature is Customary International Law.Treaties and habits are two main sources of international law,so it is indisputable that historic rights are part of the international legal order.Historic rights system is rules independent from the treaty rules,so it is also the important factors affecting the maritime boundary delimitation,China can claim her maritime rights and interests according to ? the Convention ? in the process to solve the South China Sea boundary dispute delimitation dispute and other countries must respect all of China's historic rights.China and South China Sea dispute parties should solve the maritime boundary delimitation dispute of the South China Sea properly on the basis of equal consultation.