Sovereignty Problems Over The Islands And Rocks In South China Sea: A Study From The Perspective Of Effective Control Principle

Territorial integrity is the most important part for the country, our land border has basicallycompleted, however, the maritime border remain in question. Just as the professor Zhou said,"theeast sea was in trouble, the south sea was troublous", how to safeguarding territorial integrity andmaritime rights has became the core national interests. But past studies just self-serving and lackof the specific and effective research when facing the challenge claims. Especially our countryplay an small role in the formation of the international law, so many of rules was disadvantage forus. Faced with such a dilemma, our country adopted a negative and passive attitude. On thesovereignty problems over the islands and rocks in South China Sea, although the the historyevidence was sufficient, our claims has be challenged, because with the development of the legalsystem, the effective control principle was forming. How to demonstrate the sovereignty of thesouth China sea islands also was the the basis of the ocean demarcation.According to analysis of the basic theory of effective control rule, points out that thedifference between the effective control with the existing theory,"occupation" and "prescription".Via analysis of the international judicial practice, getting the academic elements of the theeffective control, the sovereignty intention of control and the actual effective control behavior.Form such research, points out the reason that why the effective control has broad application inpractice, because it makes up the vacancy of traditional rules and get the practical element of thetraditional rules. exercise or declared that the state sovereignty. Of course, the effective controlwas not faultless. First, it was lack of standard of uninhabited islands, because this islands lack ofreality effective control and the neighboring countries all did some virtual control from theDomestic Law. Second, it will challenge the peaceful international order.In order to point out the development and changes of the effective control, study of theinternational cases was needed, especially the Sovereignty over Pedra Branca and Pulau BatuPuteh, Middle Rocks and South Ladge in Malaysia and Singapore in2008, because this case was a big challenge to our country’s historic proposition. By studying, combining our country’shistoric proposition with the effective control and analyzing our country’s evidence from thelegislative, executive, the effectiveness map and recognition. In addition, analyzing the behaviorof other disputes and points out its attempts of "actual control", in order to help our country totake some research and practice in the future.According to above analysis, getting some recommendations to safeguard the sovereignty ofthe south China sea islands. First of all, perfecting the relevant legal system was important. Fromthe domestic law, the uninhabited islands law and the maritime enforcement law must beenactment. From the international law, the possibility to take the law to solve canbe consider.Secondly, take some administrative by government. One is strengthen the presence of military. Anational rights maintenance support by the defense power, strengthen the presence of military cannot only responding the neighboring countries provocation but also provide some advantage inthe future negotiations. The other was independent exploitation in the South China Sea. Fromexploitation to increase the effective control of the evidence and avoid in a passive position.Finally, strengthen the study of historical rights and international judicial precedent. because thehistorical evidence is most advantageous to our country and international judicial precedent hasbecoming more and more important in the international law practice.