| In 2013,the Philippines filed a lawsuit with the International Tribunal for the Law of the Sea on the ground that China’s maritime rights and interests in the South China Sea based on the "nine-dash Line" were not in conformity with the "UN Convention on the Law of the Sea." It tried to deny China’s historic rights in the South China Sea by law and promote the judicial.The International Tribunal for the Law of the Sea assigns an arbitrator and forms a tribunal to hear the case and final the substantive issue on 12 July 2016.The final ruling of the South China Sea arbitration denied the legitimacy of China’s "nine-dash Line" and denied China’s historic rights in the South China Sea.Historical rights are the right of a country to acquire a land or sea area through a process of historical consolidation.Historical rights are not clearly explained in many international treaties including the UN Convention on the Law of the Sea.The arbitration tribunal defines the historic nature of the South China Sea only through China’s moratorium on fishing secrets and the South China Sea in the summer of 2012,The nature of the rights that China’s historic rights in the South China Sea is only a right of living and non-living resources within the "nine-dash Line" is a non-sovereign right,completely ignoring China’s naming,development and management,the jurisdiction of the South China Sea The historical facts of the islands.Since the Han Dynasty,the Chinese people have discovered that the South China Sea Islands were named and have long been engaged in production activities in the South China Sea.They have enjoyed a great success in the history of the development of the South China Sea.Even under the encroachment of other countries,the Chinese government and people have protested and defended the sovereignty.It is on this basis to be formed.The formation of the "nine-dash Line" came into effect long before the signing of the United Nations Convention on the Law of the Sea.The modern international law of the sea led by the United Nations Convention on the Law of the Sea can not deny the historic "nine-dash line" of the South China Sea and the historic rights of the South China Sea.Although the arbitration did not accept,did not participate,did not admit or not,under the strategy of "returning to Asia",the South China Sea arbitration case changed the rules of the game to some extent,And brought the potential impact that can not be ignored.Faced with the South China Sea dispute with the tendency of internationalization and judicialization,in the future,when China upholds the "twin-track thinking" while practicing maritime rights and interests protection in the South China Sea,it is also necessary to co-ordinate the international and domestic levels,improve the ability to use international law,enhance the right to speak internationally,improve domestic laws and regulations,and strengthen the actual management of the ocean.For the intervention of large foreign countries,China will consider it more from a holistic strategic perspective and incorporate maritime strategy into its national development strategy.Game strategy highly operational environment around the South China Sea. |
