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Abstract The theory of “exception to the general rules of the law of the sea”, while unreasonable in terms of the formation, identification and application of historic rights, makes the theoretical impediment to that of “customary international law”. Based on the common practice and opinio juris, Chinas historic rights can be further defined as being regulated by regional customary international law. The customary law particularly provides a theoretical safeguard for protecting Chinas historic rights in the South China Sea, thus to make up for deficiencies of the theory of “customary international law”.Key words: the South China Sea; historic rights; the general rules of the law of the sea; regional customary international law.
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Received: 19 February 2019
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