Legal Research about the Sovereignty of South China Sea Islands
|Keywords||The South China Sea issue legal research South China Sea strategy legalcountermeasures|
The south sea is the largest and the southernmost sea in china. It mainly containsXISHA、NANSHA、DONGSHA、ZHONGSHA islands and their surrounding waters. Eachisland is different; both its natural and human aspects result in the sovereignty dispute.However, no matter how fierce the dispute is, we can accrete that china is the only countrythat has sovereignty over it, because china’s claim is compliance with the “discovery”principle and “preemption” principle of international law.Know yourself as well as the enemy, we can win. To reveal the invalid basis from thecountries that around the South China Sea is an essential part to defend the sovereignty.One of disputers is Philippines, fist she makes a so-called “near” principle of internationallaw by herself, then shelling out “safety” principle, those are just the elements that need tobe considered but not must be used by the disputing parties, not to mention, Philippineshave been struggled with the established “estoppels” and “aging” principles ofinternational law. The other is Vietnam, she also attempted to use the “discovery” and the“preemption” principle of international law as the legal basis. However, whether Chineseor Vietnamese historical materials are clearly show that what she called the “discovery”and the “preemption” is later than china for hundreds of years or even longer. Vietnamadmitted that china has the sovereignty of South China Sea, but deny today, which is notin accordance with international law. In addition, to carefully analyze, we can find thatVietnam also violate the “timing” international law. Even the major internationallaw—“the United Nations convention on the law of the sea” also not deny the Chinesesovereignty of the islands in south china sea, the “convention” fully protect the right thatown by vested country, it cleanly recognize the ownership of those countries. China is asignatory country, enjoying the rights, which give by the “Convention”, of course,embracing the sovereignty of the islands in South China Sea.Analyses the situation and look to future, facing the overbearing situation fromPhilippines and Vietnam, Chinese strategy of South China Sea should be more in law.Facing the new situation, we need to establish the new principle of conduct in the SouthChina Sea, so the activism has a direction. But the principle is just the guidance, to maximize maintain the sovereignty in South China Sea, we need to adopt the legalcountermeasures on these principle.