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The Research For Peaceful Settlement Of International Disputes

Posted on:2015-09-23Degree:MasterType:Thesis
Country:ChinaCandidate:W W GouFull Text:PDF
GTID:2296330467476887Subject:Law
Abstract/Summary:PDF Full Text Request
South China Sea, also known as international "South China Sea". Since ancient times, China’s indisputable sovereignty over the Islands on the South China Sea. But in the1970of the20th century, with rich deposits of oil and gas resources in the South China Sea area was found that neighboring countries over the South China. Sea Islands and its claim of sovereignty, or even the use the force, military occupation and major powers outside the region based on the important strategic position of being involved in disputes in the South China sea areas, the dispute gradually has taken long-term,. complicated, and internationalization features. The signing of the Declaration on the conduct of parties in the South China Sea while alleviating to some extent in the situation in the South China Sea, but are not legally binding in itself, cannot solve deeper contradictions in the South China Sea issue. This topics aimed at through on South China Sea dispute in the involved of legal problem of research, analysis legal problem appears of causes, will South China Sea dispute placed international rule of law of framework, using international rule of law theory from global dimension degrees address international hot problem, will theory and practice phase combined, and in analysis current world situation of based, pointed out that China Government should take measures promote dispute of address, makes China in South China Sea dispute in the is dominated and boot status. Due to this research on topics involving today’s hot issues in the international community, thus has important theoretical study on the significance and value. This issue using methods of historical research, comparative studies in the South China. Sea dispute involves an in-depth analysis of the legal issues, international rule of law and the proposed solutions to disputes in South China Sea path. First of all, in the South China Sea disputes involving legal issues raised by reference a large number of official statements (including Viet Nam, the Philippines, Malaysia, and Indonesia, Brunei and other countries) and historical information, comprehensive analysis of Vietnam, the Philippines, Malaysia, India and other countries claim and "basis". Using methods of historical research, analysis the historical and legal basis of sovereignty over the South China Sea, clear attribution of islands in the South China Sea and its sovereignty and delimitation of the exclusive economic zone and the continental shelf. To arrive at the irrefutable conclusion:China’s sovereignty over the South China Sea and its islands.Second, analysis the causes of legal issues in the South China Sea disputes, from resources, strategic positioning, interference of the great powers outside the region, as well as the discussion on the United Nations Convention on the law of perspective. This part analyses the strategic interests of major powers from outside the region, that its policy toward the South China Sea to, for the Chinese Government to take certain initiatives should provide the basis for interference in the countries outside the region. Once again, submit the dispute to the international context of the rule of law, through improving relevant international legislative path, seek common interests of the international rule of law, promotion of the South China Sea disputes resolved within the framework of the rule of law, maintaining peace and stability in the world. Finally, faced with the current plight in the dispute of South China Sea, the Chinese Government should take concrete measures, including the political and diplomatic means, economic and legal measures, not only for the South China Sea disputes out of the Woods, but also master the South China Sea dispute in China’s development and initiative. Conclusion, full text, the author on the basis of summarizing the content and on the future prospects of the South China Sea dispute:China’s rise as newly developing countries, has been committed to the peaceful resolution of South China Sea disputes, but in force as may be necessary, to appropriate deterrence. In the international arena, to show their strength at the right time and making their voices, conducive to the peaceful resolution of the South China Sea dispute, is also China’s rational choice in the next few decades.
Keywords/Search Tags:the South China Sea Dispute, Sovereignty, theInternational Law
PDF Full Text Request
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