南海争端与解决途径
Abstract
China is the first country that discovered and named the South China Sea Islands and has the right of development and administration up to now.China has sufficient historical and legal basis for the sovereignty over the South China Sea Islands and the surrounding waters..However,from the late1970s,with the development and utilization of marine resources and the changes in the international situation,especially the readjustment of the Asia-Pacific strategy after the Obama administration came to power, the international disputes in the South China Sea became more and more serious.The surrounding countries in the South China Sea have put forward their claims one after another,which has become an important factor that affecting the region developing peacefully.
China's administration right to the South China Sea is mainly based on historical rights.China can fully refute the claims of neighboring countries fully according to international law.In addition,the Philippine government,at the instigation of the extraterritorial forces,unilaterally initiated international arbitration of the South China Sea dispute,but the arbitration case in the South China Sea from the composition of the arbitration tribunal to the decision results are contrary to the theory of international law, which is the invalid arbitration by its nature.Faced with the challenge from all sides,how to deal with the South China Sea dispute in a rational,well-informed and orderly manner is related to the country's stability and economic development.The peaceful settlement of international disputes is mainly through international judicial and diplomatic channels.The international judicial way is simple and efficient,but it is not easy to make a judgment that according to the actual situation in the South China Sea.Diplomatic channels are complex and inefficient,but they are able to manage disputes through negotiation between countries.Therefore,it is necessary to explore diplomatic ways to resolve disputes in the South China Sea under the"two-track thinking",and to improve domestic maritime legislation to provide a strong legal basis for the final settlement of disputes.
Keywords:the disputes of South China Sea;international judicialchannels; diplomatic channels;domestic marine legislation
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