Analysis Of China's Historic Rights

In the law of the sea and international law,historical right has always been an important right.With the increasing popularity of arbitration cases in the South China Sea,the issue of historical rights in the South China Sea has been widely discussed in the theoretical circle of international law and judicial practice.Although calendar rights and their related issues have always occupied a place in international maritime disputes and scholars discussions,there are still large disputes on the constituent elements of historical rights and how to deal with disputes involving historical rights.Although the United Nations Convention on the law of the sea has established relatively complete rules of the law of the sea system,However,even such an all inclusive convention involves few concepts related to historical rights,even the constituent elements of historical rights have not been mentioned,and China has always advocated the legality of actions in the South China Sea,based on historical rights,but China has not indicated what kind of historical rights it enjoys in the South China sea.The core of this paper is to take the historical rights involved in the South China Sea arbitration case as an example,combine with historical data,briefly analyze the connotation of historical rights,and demonstrate that the legitimacy of Chinese historical rights in the South China Sea is beyond doubt.The article is mainly divided into the following aspects,the first aspect,mainly for the overview.This paper introduces the concept and definition of historical rights second,from the perspective of the South China Sea arbitration case,analyzes the illegality of the erroneous ruling of the arbitration tribunal denying Chinese historical rights in the South China Sea,and verifies that Chinese historical rights in the South China Sea are uninterrupted through relevant historical data;third,mainly analyzes the applicability of historical rights in the South China Sea disputes Problems in using time.Fourth,based on the analysis and research of the first three aspects,find out how China should deal with the historical rights disputes in the future,so as to ensure the maximum realization of the purpose of safeguarding Chinese national sovereignty and maritime rights and interests.Historical right is a controversial issue in international law,and it is also a practical issue in the process of determining the baseline of the territorial sea and maritime delimitation.Therefore,the discussion and interpretation of this issue will help to further improve and clarify the relevant theories of historical right in the South China Sea,which has great theoretical value.