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《Journal of Political Science and Law》 2017-05
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The Conflict and Its Resolution of the Peaceful Settlement over the South China Sea Dispute: Taking the Dual Nature of State Sovereignty as Framework

Jiang He;Zheng Shi;Law School of Zhongnan University of Economics and Law;  
While the South China Sea Arbitration( the Philippines v. China) case comes to an end for the time being and the South China Sea dispute appears to be subsiding,the contradictions implied in the dispute may be escalated at any time with changes of the international background. The basic facts of the dispute show that,the conflict of dispute settlement methods fundamentally results from the different interpretations of the state sovereignty:proceeding from the principle of state sovereignty,one might be inclined to diplomatic methods if one takes the power-oriented side,and one might be inclined to legal methods if one takes the right-oriented side. In the short run,China's diplomatic strategy to resolve the South China Sea dispute is quite reasonable in order to safeguard its legitimate rights and interests. However,in the long run,to resolve international disputes peacefully in the interaction between great power politics and International law,China may turn to the rules-building function of legal methods and use the legal method to join in the construction of international law.
【Fund】: 教育部哲学社会科学研究重大课题攻关项目“南海地区安全合作机制研究”(项目批准号:15JZD036)的阶段性成果
【CateGory Index】: D993.5
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