On The Historic Rights Of South China Sea

At present,the historic rights in international law theory field and judicial practice has caused a heated discussion.In 2016,the south China sea arbitration between the Philippines and China added the firewood for the heat of the historic rights.Although the historic rights often appear in the international maritime disputes and scholar’s discussion,but there is a big debate on the components of the historic rights and in the disputes how to deal with the historic rights.The United Nations convention on the law of the sea,because of its established almost complete rules,is known as the law of the Marine constitution,even such a treaty on almost everything is only mentioned the ownership of the historic and historic bays,traditional fishing rights and other minority historic rights related concepts.But did not mention the components of the historic rights and related disputes.China has long advocated in the legality of the behavior of the south China sea from the historic rights,but China has never showed what the historic rights she own in the south China sea.This paper theoretically solved the problems of the components of the historic rights and the problem of the relationship between the historic rights and rights in the exclusive economic zone.Finally returned to the practical problems of the south China sea,the author thinks that the Chinese government should actively to confirm its historic rights in the south China sea,at the same time,when the historic rights in its own country and other countries’ exclusive economic zones overlaps,should eliminate interference factors,to exercise their rights,and finally to strengthen their communication consultation between controversy country,to reach a cooperation agreement.