The Abstracts of Vol.2,2016
Releasing Time：03.16.2016Source：
South China Sea Arbitration: The International Law, International Relations and National Interest Concerns from a Chinese Perspective
Wang Jiangyu
This paper aims to examine the concerns about the ongoing South China Sea arbitration case against China initiated by The Philippines in 2013 and potential similar cases in the future, from the combined perspectives of international law, international relations, and national interest. It argues that, even from a realist perspective, it is in China’s best interest to participate in such peaceful settlement process of international disputes for two reasons. First, legalization of international affairs, especially international dispute resolution, has become an unstoppable trend in the international society. Second, as a great power, there is no reason that China should not use international law to maximize its national interest in South China Sea, especially when the merits of China’s legal argument are stronger than other claimants in the disputes. It is suggested that China use its legal resources to develop a legal narrative about its historical rights in South China Sea and, especially, clarify its position on the Nine-Dashed Line. Further, China should actively participate in the hearings of the relevant arbitral tribunal about jurisdiction and admissibility, without necessarily accepting the tribunal’s jurisdiction and its decision on the substantive issues. In doing so, China can make full use of its rights in the international legal process to, first, advocate its views and legal argument, and second, play a role in selecting the arbitrators.
The Impact of North Korea’s Fourth Nuclear Test on Northeast Asia and Different Diplomatic Strategies of the Related Countries
Kim Jinho
On 6 January, 2016, North Korea announced its success of the first hydrogen bomb testing. So far, it has conducted nuclear test four times. Now, the global attention has been drawn to North Korea’s nuclear issue again. Since the sudden death of Kim Jong Il at the end of 2011, Kim Jong-un has grown the top authority leader of their party and military in North Korea afterwards. Meanwhile, regardless of the opposition of the international community, he continues to push forward the nuclear weapon developing program. The twice nuclear tests were contrary to the international Nuclear Non-Proliferation Treaty. Besides, he also pursues a strategy to expand the nuclear weapon and economic development at the same time. The North Korean nuclear test has become a serious threat to the peace and stability of the Korean Peninsula and the Northeast Asia. The international community not only has condemned the North Korea for the nuclear issue, but also become suspicious about China’s strategy on North Korea. Since peace in Northeast Asia has entered a period of chaotic challenges, in accordance, each country has adjusted the diplomatic strategy. Therefore, internal opposition relations of the two Koreas had replaced to the opposition of the two groups such as Chinese central group and the United States central group.
On the Renewal of China’s Sea Power Concept
Jia Zifang
Sea power concept as the consensus of the strategic objective and strategic principles is dictated by the demand for economic growth and security needs. Currently, a changing China calls for the renewal of sea power concept. The new sea power concept is constructed by five strategic objective including deterrence, maritime sovereignty, rights and interests, freedom of sea, power projection and public goods, and four strategic principles including navy power with systematic operational capabilities, diversified maritime power, flexibility and the use of soft power.
From Backstage to Center:American Policy on the South China Seain the Intensification of Sino-US Maritime Competition
Wang Sen
The intensification of Sino-US maritime power competition represents the power transition in East Asia. Under the guidance of Asia-Pacific rebalancing strategy of America, the South China Sea has become the main area of Sino-US competition in the Western Pacific. By comprehensively leverage such measures as diplomacy, military, legal principle and strategy, the United States has changed its policy from the indirect intervention to direct intervention. However, many factors restrict American policy. The development of Chinese maritime power has become the focus of American strategists. As a typical marine hegemony, American strategic suspicion on peaceful development of China may cause adverse effects on the future Sino-US relations.
On China’s Cooperation Strategy to Provide Public Security Products and Services in the South China Sea Region
Zhang Liangfu
The security situation in the South China Sea is complicated and severe. The cooperation in the field of regional public security products and services has just started, and is still very weak. In order to build a community of shared future with China’s neighbors, construct the 21st century maritime Silk Road and establish China--ASEAN maritime partnership, China, as a responsible regional power, especially in the South China Sea region, should provide more public security products and services to the countries surrounding the South China Sea. This will become the new content of the China’s policy on the South China Sea Issue. China’s building facilities on relevant islands and reefs of the South China Sea is largely for civil purposes and to better provide public products and services to the countries surrounding the South China Sea and the international community. With patience, honesty and confidence, China should take the initiative to put forward the proposals, suggestions, programs, schemes or plans of action relevant to regional public security products and services cooperation and act according to china’s own capability. China should go for win-win cooperation in the South China Region on the basis of equality, friendship, mutual understanding and accommodation, justice and shared interests. Bearing in mind regional realities and each other's concerns, China should give top priority to practical cooperation with the most willing country or group of countries, go for priority cooperation with focus on the safety of navigation, search and rescue, marine scientific research, environmental protection, disaster prevention and other non-traditional security cooperation, seek and expand converging interests step by step, thus delivery tangible benefits to the South China Sea region.
Republican Newspaper about the “Temple” of the South China Sea Islands of Cultural Narrative and Steering*
Luo Yaojun Peng Yufang
Since the late Qing Dynasty, the "temple" of the South China Sea islands has become the powerful evidence for Chinese government to safeguard territorial integrity and sovereignty. In 1909, In the case of Pratas Islands, the Chinese Viceroy Zhang Renjun and other Chinese officials bargained with the Japanese for the compensation of ishing boats, temples and mining tax, according to reports from all big newspapers and periodicals. While refering to the telegraphs, the Qing government mainly claimed compensation of Temple of Sea God on the islands at first, and other items were added afterwards.Whether Officials investigated the South China Sea islands, or newspapers and magazines reported the South China Sea sovereignty, even records about countries such as Britain, France and Japan invading Pratas Islands, Paracel Islands and the Spratly Islands were carefully written to look forward to a lot of the temple site on the islands. The Government of the Republic of China in dealing with disputes like the Paracel Islands mining rights, "nine islands' sovereignty, showed different attitudes to the "temple "of the South China Sea islands: as evidence of sovereignty of " temple ", as" superstition divine right "of " temple ". This understanding of steering is related to " letter to outlaw superstitious activities in temple","shrines abolition standards" and other relevant cultural policies. Temples not included in the scope of conservation on the South China Sea Islands were not taken seriously on restoration and protection. After the three islands reverted, cultural reporting and records on the historic sites of the temples significantly increased. The fishermen’s culture that "temple" points at became the focus of newspapers and magazines, which now has significant implications and values on the cultural studies of “temple” on South China Sea islands, and the studies of marine culture, and enhancing the cohesive force to safeguard national sovereignty and territorial integrity,.
The Evolution of the Legal Status of Artificial Islands in International Law
Fan Jian Liang Zeyu
As an effective means of utilizing the oceans, the international community has been attracted in artificial islands for a long time. While artificial islands serve dual characteristics as "artificial" and "island", it is difficult to distinguish them with the natural islands, ships or other artificial facilities. The evolution of the legal status of artificial islands in international law reflected the conflict between coastal states’ maritime sovereignty or sovereign rights and the freedom of the seas, the essence of which is the competition for nation’s maritime rights. This article, from the perspective of international law history, reveals the evolution of the legal status of the artificial islands in the international law, highlights the essential characteristics of artificial islands in international law, and unfolds the basic principles of the developments of international law. This article argues that changes of the legal system of artificial islands have mapped the changes of awareness of the international society for the belongings of the maritime zones, and points out that its formation and developments have indicated ongoing consultations, games and compromises between the various states or interest groups. The development of international law depends on that all parties involved form the international rules on the basis of jointly agreements with principles of goodwill, equity and equality within the framework of international legal system.
Analysis of the Perspectives and Position of Japan on the Arbitration between China and the Philippines over the South China Sea Disputes
Zhang Shi’ao
The Arbitration between China and the Philippines over the South China Sea disputes is now entering into the hearing on the merits. Three years had passed since the Philippines appealed the case. During this time, the situation in this area was becoming much more unstable and complicated. Therefore, China is now facing both legal and practical challenges. As a strong naval power in this area, Japan is continuously following the arbitration for concerning varies of interests. This essay will make a simple introduction to several arguments about the Award on Jurisdiction and Admissibility which was delivered by the Arbitral Tribunal, as well as presenting o the opinions of Japanese researchers and the reports of Japanese main newspapers.
Provisional Measures concerning Delimitation of the Maritime Boundary
between Ghana and Cote D’ivioire: A Commentary
Zhang Xiaoyi
It is worth noticing that the dispute between China and Japan on the exploitation of oil and gas in East China Sea has been heated lately. Similarities and correlation can be found between East & South China Sea issue and the case on Provisional Measures concerning Delimitation of the Maritime Boundary between Ghana and Cote D’ivioire (hereafter “the case”), which throws some light on predicting and measuring the next move in East & South China Sea. The order and proceeding of the case indicates a low threshold of provisional measures under article 290 of United Nations Convention on the Law of the Sea, and implies an increasing possibility of raising such request by other claimants in East & South China Sea.
The Persistence of Sino-Japanese Diaoyu Islands Disputes and the U.S. Involvement
Ma Bo