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Research On Legal Issues Of South China Sea Arbitration Case

Posted on:2018-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhouFull Text:PDF
GTID:2506306473950089Subject:legal
Abstract/Summary:PDF Full Text Request
There have been many conflicts in The South China Sea since ancient times.the South China Sea is full of disputes because of its abundant resource.The South China Sea has great location,developed fisheries,and significant economic and political values.Some of surrounding countries want to occupy it.Some disputes were solved,but some countries insist that they have sovereignty to control some island reefs.The conflicts between Philippines and China got stronger and stronger.In 2013,Philippines proposed the arbitration about rights on the South China Sea to the arbitration tribunal.By official ways,China stated its position: " no joining,no admitting,no accepting,no executing " and announced some official documents.Actually,This is an illegal arbitration.On the Proceeding,The Philippines violates the provisions of the Convention.The composition of the arbitral tribunal and starting the coercion program are wrong.On the entity,The essence of the Philippines’ claim is territorial sovereignty.The arbitral tribunal wrongly identified the Philippines agreement,etc.Many scholars analyzed the errors in this arbitration from the aspects of international treaties,international cases and jurisprudence.But there is less thoughts on how to deal with it and how to handle it.One year later,Strategies about solving the dispute in The South China Sea come back into the public eyes with the statement of Philippines and the respond of China.It is necessary to think about the ways to deal with disputes in the South China Sea,coordinating relations with ASEAN and avoid similar events.I analyzed the background,faults in this arbitration and some kinds of attitude about facing the dispute.By finding disadvantages of China,putting forward practicable ways or propositions.I hope to avoid other countries from emulating or creating similar disputes,make relevant departments to take measures according to legal norms in time,and protect national interests.
Keywords/Search Tags:Dispute of The South China sea, International Law, Relationship between the Philippines and China, Solutions
PDF Full Text Request
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