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Thinking About The Path Of Dispute Settlement In The South China Sea

Posted on:2018-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:Q ShiFull Text:PDF
GTID:2356330515482057Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,the South China Sea issue has become a hot issue of concern to the international community,and further expand the trend,the South China Sea issue appeared from some countries of unilateral actions and practices,including increasing resource development,occupation of Nansha part of the reef,the removal of his country in the Nansha Island reef pillar,trying to force "to defend the interests of the South China Sea in addition,the foreign powers also to freedom of navigation,joint military exercises,to participate in the dispute settlement and other excuses repeatedly to intervene in the South China Sea problem.It can be said that the South China Sea to arbitration as the representative of a new round of the South China Sea dispute is a test of our wisdom and ability for the peaceful settlement of international disputes.For a long time,our country advocate" togetherThe development of"principle in order to ease the situation in the South China Sea,and tend to equal political negotiations and friendly consultations to solve the South China Sea dispute,but the judicial settlement mechanism in international disputes,the trend of diversification is struggling under the South China Sea,especially in the arbitration case,more view is the South China Sea dispute entered a legal battle period.Therefore,this paper from the analysis of the essence of the South China Sea arbitration,in the disclosure of its effectiveness at the same time,also pointed out that our country exists in dealing with problems,secondly,through the comparative analysis of political and judicial methods to solve international disputes way,combined with the latest development trend of the international dispute settlement mechanism and the successful solution case of marine issues,expounded China's position and attitude solution mechanism in international disputes,in order to solve the problem of the South China Sea and the South China Sea comprehensive maintenance rights put forward the new ideas of this thesis consists of three parts:Part?:It mainly introduces the origin of the South China Sea dispute arbitration and the South China Sea,and reveal the arbitration of international law and the South China Sea draw further apart.Specifically speaking,the strategic position of South China Sea is important and potential energy resources is an important reason for the dispute,arbitration and the South China Sea is a concentrated reflection of the South China Sea dispute at the present stage,in a comprehensive analysis of the South China Sea the arbitration case is invalid on the basis of international public opinion also pointed out that China's current position facing the pressure and difficulties faced in the dispute over the South China Sea.Part?:It focuses on two kinds of international dispute resolution system and its advantages and disadvantages,namely the political and judicial way.Based on expounding the characteristics and advantages and disadvantages of the two kinds of path,with the South China Sea issue especially in the South China Sea arbitration case specific analysis,at the same time,according to the latest trends in international dispute settlement mechanism of the development and analysis of path choice of I in solving the disputes in the South China Sea on the attitude,the development process that China should gradually study and participate in international justice,make peace to resolve international disputes in the future by the political and judicial way to prepare.Part?:the first uses the method of case analysis.Based on the Russian Barents Sea delimitation dispute and case analysis,the Channel Islands dispute the two maritime disputes,to resolve the South China Sea dispute to provide inspiration.Specifically,these two cases were presented and two ways of judicial and political dispute solving ways in reality,provide reference and experience for our next step to develop specific measures in the South China Sea.On this basis,detailed system of countermeasures that China should take in the face of the current situation in the South China Sea.This part of the National Marine awareness,the construction of the national marine legal system,international discourse construction and risk.This paper provides some specific counter measures to deal with the problems,and points out the countermeasures and measures to be taken.
Keywords/Search Tags:South China Sea dispute, arbitration in the South China Sea, political approach, judicial approach, international dispute settlement
PDF Full Text Request
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