On The Legal Status Of The Inner Waters Of The U-shaped Line In The South China Sea

The determination of the legal status of the waters in the U-shaped line of the South China Sea is helpful to promote the realization of China’s claims in the South China Sea.The determination of the legal status of the waters within the U-shaped line of the South China Sea needs to be oriented not only to the domestic but also to the international community.Comprehensive consideration of domestic and international factors is the key to determine the legal status of the waters within the U-shaped line of the South China Sea.The article is divided into four parts.The first part of the article analyzes the background of the formation of the U-shaped line in the South China Sea.The first section of this part,from the perspective of marine culture,lays a historical and cultural foundation for the follow-up discussion of China’s South China Sea rights claims by analyzing China’s marine practice in different historical periods.The second section combs the reality of the formation of the U-shaped line in the South China Sea.The second part of the article makes a comparative analysis of several theories affecting the determination of the legal status of the waters within the U-shaped line of the South China Sea,and makes a study of the relevant international propositions.In terms of domestic theory,there are differences and similarities between these theories.Moreover,compared with other theories,the theory of historical rights is more suitable to explain the legal status of the waters in the U-shaped line of the South China Sea.In terms of international claims,Vietnam,the Philippines and the United States lack legitimacy and rationality in their claims and declarations,which cannot negate the legal status of the waters within the U-shaped line of the South China Sea.The third part of the article identifies the legal status of the inner waters of the U-shaped line in the South China Sea.First of all,it is considered that the inner waters of the U-shaped line in the South China Sea are historic right waters.Secondly,the author holds that international customary law is the j urisprudential basis for proving the historic rights in the U-shaped line of the South China Sea.Compared with customary international law,the Convention provides a very limited legal basis for this evidence.The fourth part of the article takes the South China Sea arbitration case as the breakthrough point to analyze the influence of historical right sea area theory on China.It holds that there are serious errors in the arbitration procedure and the arbitration entity in the South China Sea arbitration case.The arbitration award is invalid and does not bind China.Therefore,it can not affect the determination of the legal status of the waters in the U-shaped line of the South China Sea as the historical right sea area.Moreover,taking the case as an opportunity,China should have a deeper and scientific understanding of historical rights and promote them to the international community so as to better safeguard its legitimate rights and interests.