Study On The South China Sea Issue After The Arbitration Case

The south China sea arbitration case is a political farce in which the Philippines,encouraged by the United States,Japan and other countries,putting the south China sea issue under the cloak of law.It comes from the conflicting claims of China and the Philippines in the south China sea and it is a manifestation of the imperfection of unclos.The south China sea arbitration has many legal flaws.It is illegal and non-binding.Our government has always insisted on non-participation,non-acceptance and non-recognition.Although the south China sea arbitration case has no legal effect,the arbitral tribunal raised new doubts about China's claims in the south China sea,which may lead China into a whirlpool of public opinion and even undermine the legitimacy of China's claims in the south China sea.The south China sea arbitration case has brought new challenges to the south China sea issue.Nowadays,the arbitral tribunal denies the status of our historical rights as the source of law.With regard to the interpretation of the law on maritime features,the arbitral tribunal,taking unclos as the starting point,attempted to carry out a strict interpretation of the law.The arbitral tribunal also held that the spratly islands could not claim maritime rights as a whole,and China's maritime rights area was largely reduced.In doing so,the arbitral tribunal aims to make room for the Philippines to claim its exclusive economic zone and the continental shelf,thus enabling the Philippines to rightfully monopolize the overlapping maritime areas between China and the Philippines.To assert maritime rights in the south China sea,China needs to resolve these three challenges and resolve these three difficulties.This paper analyzes the theoretical deficiencies and defects of these three dilemmas,and then analyzes and thinks from the perspective of laws and policies to form my own plan,so as to safeguard China's territorial sovereignty and maritime rights and interests in the south China sea.The first innovation of this paper is to point out that the convention is not the only legal source of historical rights.Historical rights and international law in customary international law have the same jurisprudential basis.Second,it analyzes that the south China sea arbitration case is too strict in the definition of islands.This paper compares the views of the strict interpretation school and the broad interpretation school,and tries to construct a legal interpretation of islands with moderate leniency according to the principle of doubtful leniency.