The Research On The Solution Of China-India Territorial Dispute Through International Law

Territorial disputes, as the scope of public international law, is the problem that countries which are subjects of international law in the process of the emergence and development inevitable to encounter, in the development process China also has territorial disputes between neighboring countries, but most have been successfully resolved, and now the most representative territorial dispute which is left is the territorial dispute between China and India. Territorial dispute between China and India arises long time ago and has experienced a continuous history of the development process, China has been committed to the peaceful settlement of territorial disputes, and has also taken a series of measures, but has not found a smooth solution yet. How to find a successful solution to the territorial dispute between China and India has become a subject of international law which cannot be ignored.First of all, the emergence of territorial dispute solutions between China and India must be related to international law theory, specifically including the existing settlement patterns and territorial disputes in the specific way of territorial disputes; Second, we must learn from successful resolution of international territorial disputes, as an example of smooth settlement of territorial disputes between China and Russia and struggle for White Cay between Singapore and Malaysia; Again the study of the basis of the territorial dispute between China and India should be combined with China's specific national conditions.The target of resolving territorial disputes between China and India is first to preserve our territorial integrity and sovereignty and second to make the surrounding stability and maintain regional stability and world peace. The basic principle is to have a smooth solution to territorial disputes between China and India based on Five Principles of Peaceful Coexistence, on existing international law and on the basis of equality and voluntary. The content of territorial dispute solution between China and India is first to combine political methods and legal methods, to increase attention on the solving the dispute through international courts and international arbitration on the base of continuing consultations and negotiations and use the two together; Second to combine Maintaining the status and solving step by step, specifically, to maintain the status before the territorial disputes successfully resolved, meanwhile considering the specific circumstances of territorial disputes between China and India, a flexible attitude should be adopted and to resolve the dispute should be step by step in accordance with the process easy to difficult; Third to combine moderate concessions and appropriate use of force, in the process of resolving the territorial dispute, in order to finally reach an agreement, complete settlement of disputes, some concessions can be made on the base of all self-interest demands and meanwhile China do not take the initiative to use force, China is forced to use force, not to fight for territory, but to make the two sides back to the peaceful settlement track, on the base of safeguarding its sovereignty and territorial integrity.The research on the territorial dispute resolution between China and India can be a reference to the smooth settlement of the territorial dispute between China and India and can also become a reference to resolving the territorial dispute between China and other countries.