An Analysis Of The Dispute Over Dispute Between Vietnam And

The Nansha Islands locate within nine-dotted line. The archipelago stretches for more than 820 thousand square nautical miles, accounting for about 40% of China’s territory of Nanhai Sea, from north of Xiongnan Tan to south of Zengmu Ansha, from east of Hailima Tan to west of Wan’an Tan. Since 1970s, big-scale oil and gas resources have been discovered in waters adjacent to Nansha Islands. Countries around Nansha Islands tried to claim sovereignty over the islands. In addition to the resources, Nansha Islands is also a hub of international waterway of great strategic significance, guarding the Malacca Strait, Bashi Channel, Bahrain Tong Strait, and Balabac Strait. China has indisputable sovereignty over the Nansha Islands and their adjacent waters, which can be certified by ample Chinese and foreign historical documents, maps, and relics. However, neighboring countries, based on their political, economic, and military considerations and other factors, have claimed sovereignty over the Nansha Islands. Vietnam is the only country who claim sovereignty over the whole parts of Nansha Islands. It is also the only country who claim’historical evidence’in Nansha Islands disputes. This paper analyze sovereignty dispute between China and Vietnam on Nanhai Islands, and then try to find a solution to this dispute.In addition to the conclusion, the paper has four parts.Part Ⅰ introduce the history of China and Vietnam’s dispute on sovereignty of Nansha Islands in a historical materialism methodology.As early as two thousand years ago, China has discovered the Nansha Islands, and since then has managed and operated them, which has been recognized by international community in the long historical period. Since World War II, due to the involvement of Japan, France, the United States and other outside powers, in addition to the discovery of rich marine resources, Vietnam repeatedly changed its attitude toward China’s sovereignty over the Nansha Islands. Countries like Vietnam, the Philippines and Malaysia have by military means occupied part of the islands and reefs of Nansha Islands, and therefore trigger the disputes over sovereignty.Part Ⅱ analyze China’s and Vietnam’s evidence on sovereignty claim from two aspects of historical evidence and legal basis. China’s sovereignty over the Nansha Islands comes from preemption, which is consistent with international law and is able to exercise sovereign jurisdiction. In addition, Vietnam also recognized China’s sovereignty over Nansha Islands. However, Vietnam’s claim of effective control and State succession is lack of basis, and therefore these two rules cannot apply to the Nansha Island dispute.Part III analyze the reason why the sovereignty over Nansha Islands has been challenged. The author of this paper concludes that China’s sovereignty over Nansha Islands has been questioned for three main factors:the ambiguous status of nine-dotted line, the limitations of United Nations Convention on the Law of the Sea, and a lack of effective control over the islands and reefs of Nansha Islands. Based on the analyze before. First, China should clarify the legal status of nine-dotted line. Making the nine-dotted line as China’s historic waters line is the best way to maximize China’s maritime rights and interests of South China Sea without causing severe rebound of the international community. Second, China should adhere to the United Nations Convention on the Law of the Sea, and should, based on the principle of China’s whole sovereignty over Nansha Islands, shelve differences, learn joint development experience from the successful precedence of international law, and seek joint development in an efficient and high-qualified way. Last, to remedy the defect on effective control over Nansha Islands, China should enhance and improve administration, military, and maritime resources development. China should also strengthen the control over the occupied islands and reefs, and seek a peaceful way to reoccupy the islands and reefs that has been invaded and occupied by other countries.