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International law in the South China Sea dispute

Author: ZhanDanFeng
Tutor: WangWei
School: Fudan University
Course: Legal
Keywords: Nansha Islands South China Sea Dispute Sovereignty South China Sea Policy
CLC: D993.5
Type: Master's thesis
Year: 2011
Downloads: 537
Quote: 0
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Abstract


The South China Sea has been a part of the territory of China since ancient times. Nansha Islands and waters around are under China’s indisputable sovereignty. With the resources exploration of the Nansha Islands, neighborhood countries set foot in South China to fight for reefs and rights. To fight for Nanhai sovereignty, they did not stop their pace a moment. On the one hand,they implement military occupation through the use of force, using various ways to economic plunder, invading China’s Nanhai sovereignty flagrantly. On the other hand, they are trying to find even make the so-called legal basises to defend their behavior. Therefore, this paper involves the issues of our country’s sovereignty, which has important practice significance and theoretical research values. This article refutes their basis from historical and legal support for China’s sovereignty over Nansha Islands. To fix the South China Sea dispute smoothly, I think, in addition to negotiations consultation means, China should consider the feasibility of legal solution timely.The paper is divided into introduction, main text and conclusions, the main contents are as follows:The introduction briefly explains the background, research significance and research status of the South China Sea, introduces the research method used in this paper.In the first part of the main text, dialectical historical materialism is used to analyze the causes and present situation of South China Sea dispute.The second part cites plenty of official, legislation, scholars views and so on to discuss Nanhai claims of dispute neighbours, including Vietnam, Philippines, Malaysia and Brunei, explore and review the historical and legal basises they are advocating.The third part is the legal overview of Nansha sovereignty. It analyzes the principles of international law and other legal problems which Nanhai sovereignty involves. The conclusions is reached that China has sovereignty over the South China Sea islands is fully comply with the principles of international law.The four part focuses on the China’s Nanhai policy and the reasonable legitimacy of the claim. And therefore put forward the feasible international law paths of resolving the South China Sea dispute.In the final part of the paper, through the summary and conclusion of the full text, looking to the future of the South China Sea dispute, it points out that the peaceful settlement of the South China Sea issue is an inevitable trend of historical development.

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CLC: > Political, legal > Legal > International law > Territory > Law of the Sea
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