| For a long time,freedom of navigation,as the theme of the law of the sea,has been running through the law of the sea.At present,the controversial freedom of navigation in South China Sea is highlighted by the confrontation and differences between some foreign countries such as the United States and China.As always,the United States pursues its hegemonic policy,disregards the United Nations Convention on the Law of the Sea,misinterprets its relevant provisions,and constantly unites some countries outside South China Sea,trying to normalize and legalize military operations in South China Sea,so as to destroy the stability of South China Sea.China strongly opposes this and takes a tough attitude.Although different positions of different countries on freedom of navigation have led to constant conflicts and increased hostility among countries,on the other hand,it has also prompted China and foreign powers to rationally resolve their differences and establish a mutual trust mechanism on freedom of navigation in South China Sea.It is of great practical significance to systematically analyze the controversial focus of freedom of navigation in South China Sea and find the basis from the aspects of history,facts and jurisprudence,in order to prevent China’s legitimate and legitimate measures from being misunderstood by some countries as hindering freedom of navigation in South China Sea and to protect China’s due rights and interests in South China Sea.In this paper,the freedom of navigation in South China Sea is mainly analyzed in four parts by using the methods of historical research,literature research and case analysis,so as to clarify the present situation and motivation of the freedom of navigation in South China Sea of the United States and other foreign countries,and to explore China’s countermeasures.The first part explains the basic connotation of freedom of navigation,which mainly includes the applicable scope and objects of freedom of navigation,as well as the historical development process of freedom of navigation,paving the way for a better analysis and understanding of freedom of navigation in South China Sea in the following article.In the second part,taking some practical cases as the starting point,the navigation status of some foreign countries in South China Sea,such as the United States and Britain,is studied respectively,so as to obtain the contradictions and differences on such issues.The third part analyzes the controversial focus of freedom of navigation in South China Sea from the perspective of international law,which shows that freedom of navigation is not unlimited freedom,and provides sufficient academic support for China’s position in South China Sea,proving that the Chinese government’s position in South China Sea is well-founded.The last part provides some targeted solutions to some problems arising from the freedom of navigation in South China Sea.First of all,we should pay attention to the construction of domestic law,and hope that the content of international law will be richer and more perfect.At the same time,we should build consensus with the outside world,strengthen regional and multilateral cooperation,strengthen various layouts in the military field,and actively safeguard the navigation order and safety in South China Sea. |
