A Study On The Legitimacy Of Chinese Constructing Islands And Reefs In South China Sea

This thesis consists of three parts:the Introduction,four main Chapters and the Conclusion.Due to absent of specific provisions addressing constructions on the island-reef(DaoJiao or islet)in the UNCLOS(United Nations Convention on the Law of the Sea),the legal status of such construction and the constructed islands is and has always been unclear.Therefore,it is of great significance to study the legal effects and implications of such constructions in the South China Sea from the perspective of international law and to prove the legitimacy of such construction.In the first Chapater,background infromation including definition of core terms is clarified.Island-reef construction is a kind of land reclamation through a variety of technological means,which is commonly and actively practiced by many countries in the word.Thus the construction in South China Sea becoms an international hot spot only because of China’s involvement.Among all the island-reefs,which are involved in the land reclamation,Meiji Jiao and others are low-tide elevations,Chigua Jiao and others are high-tide heights.In the second Chapter,legal basis of China’s construction in the South China sea island-reefs is discussed.First of all,the fundamental basis for the construction is the fact that China has indisputable sovereignty over the islands as well as islands-reefs in South China Sea,which has been acquired and justified by principles of preemption and estoppel.Secondly,there is no clear prohibition on construction on islands and isaland-reefs neither in the traditional international law,nor in the United Nations Convention on the Law of the Sea or domestic laws.In contrast,it is even to some extend encouraged in traditional international law for countries to conduct construction on islands and reefs.The third chapter focuses its analysis on the construction that takes place in South China Sea and points out that such construction—does notexpand China’s territory;does not change the properties and thus demarcation effect of the island-reefs;does not have negative impact on other countries’ rights and their marine environment;does not violate the UN Charter and other international or regional rules and principles.The purpose of the construction on South China Sea island-reefs is mainly the enhancement of civilian facilities,which is fundamentally different from the purpose of the construction on Japanese Okinotori atoll.The forth Chapter discusses the the problems raised by the construction on South China Sea island-reefs and suggest possible solutions.The main reason for the disputes around the constructions mentioned is mainly twofold:the absence of consensus from international society on the historic rights and sovereignty of China over certain island-reefs in South China sea;the absence of norms about construction of artificial islands and reefs in international law and other related international regulations.Therefore,it is necessary to complement such absence through the official interpretation and domestic legislation.Finally,platforms such as South China Sea Code of Conduct should be set up to ensure the peaceful settlement of disputes raised by such construction.The Conclusion summarizes the whole thesis.The construction on the islands and reefs is and has always been widespread common practice all around the world.The legitimacy of China’s construction on the South China Sea island-reefs is expounded throughout the thesis from different aspects.However,due to nonrecognition by the neighboring countries on China’s historical rights and sovereignty in the South China Sea,and the absence of norms about construction of artificial islands and reefs in international law and other related international regulations,the disputes continues to exit.In order to enhance the legitimacy,the basis for historical rights should be supplemented,and corresponding provisions should be made in domestic legislation.