Discusses mechanism of the international law of the sea conflict solution from the South China Sea arbitration document

• Main Authors: YANG, CHUN-LIANG, 楊竣喨
• Other Authors: XIE, LI-GONG
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/ynn2j6

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 106 === Abstract This article first elaborates on the sovereignty of the of the South China Sea and its claims. To explore international arbitration: rights and obligations under general, regional or bilateral agreements and to mediate conflicts between States to settle disputes. On the history of the history of the sea area of the case, to control the two sides of the South China Sea waters of the historical waters and the "U-shaped line" of the relevant research, and then on the cross-strait policy of the development of the South China Sea. South China Sea Arbitration Analysis: South China Sea Arbitration of the proposed timetable, the Philippines South Sea arbitration case on the cross-strait policy of the South China Sea, the subsequent development of arbitration results, China's South China Sea policy dilemma and response. And then explore the South China Sea dispute settlement mechanism and the possibility of cooperation, but the two sides of the South China Sea cooperation is the largest profits. The South China Sea is rich in oil, natural gas and a variety of mineral resources, it has become the waters of neighboring countries compete for. In recent years, the dispute over the South China Sea is mainly by the Philippine Parliament through the "territorial waters line bill", the Huangyan Island and the Nansha Islands part of the island reef is divided into Philippine territory. The Malaysian government submits to the Congress a continental shelf amendment bill as a legal basis for submitting EEZ and continental reefs to the United Nations. Making the South China Sea issue from the territorial and territorial disputes, evolved into marine resources and energy contention; the South China Sea dispute has become the fuse of Asia-Pacific security. Taiwan has sovereignty over the territory of the South China Sea. China's fishermen who have been fishing for a long time in the South China Sea have frequently suffered from illegal detention in the Philippines and Vietnam, not only harming the fishermen's economy in China, but also endangering the lives of fishermen, based on national interests and territorial sovereignty. The 1945 United Nations Charter gives States the obligation to settle peacefully with each other in an agreement with each other and the freedom to choose a peaceful solution to the dispute. In 1982, UNCLOS further recognized the norms of peaceful settlement of disputes under the Charter of the United Nations and, with respect to the principle of national sovereignty, specifically set out a set of dispute settlement provisions for the maintenance of the stability of the world's maritime law.