A New Exploration of the Historicity of China's Historic Rights in the South China Sea
The theory of world history is a grand theory summarizing the law of human social development,notable for its openness and relevance to contemporary discourse and valuable for cultivating,refining and developing from various perspectives.Research on historical rights has long focused on"rights"within international law,while exploration of"historicity"from the perspective of historical philosophy has been comparatively underdeveloped.This paper seeks to redefine historic waters and historic rights by examining and reflecting on four existing research approaches(conflicts between China and the United States,analogies of rights content,denotation of rights and transformation of historical evidence)and four essences of Marxist world history theory(emphasis on liberation,future orientation,encouragement of interaction,and advocacy of plurality).Then it explains that historic rights are essentially a form of rights that must continually develop within historical practice.From the dimension of the"historicity"of the South China Sea historic rights,it analyzes their subjective,interactive,non-economic,and procedural significance.To enhance the interactive significance of historic rights,a responsive rule of law framework should be established in the South China Sea,emphasizing inter-subjective truth grounded in a community-oriented logic.Developing the non-economic significance of historic rights,particularly in preserving the function of Exclusive Economic Zones,calls for non-economic measures to uphold obligations between states,focusing on marine biological conservation and ecological protection through obligations that are inter-subjective,issue-specific,and spatially bound.To leverage the procedural significance of historic rights,recognizing the norm of law as inherently"unfinished"suggests more detailed consensus types and solutions,deepening public diplomacy efforts to explore the publicness of international relations.
Historic RightsSouth China Sea Rights ProtectionTheory of World HistoryCommunity of a Shared Future for MankindSouth China Sea Arbitration
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