UNCLOS and Ocean Dispute Settlement: Law and Politics in the South China Sea

2013 ◽  
Vol 12 (2) ◽  
pp. 443-445
Author(s):  
X. Chen
Keyword(s):  
South China Sea ◽  
South China ◽  
Dispute Settlement ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Law And Politics

The South China Sea Arbitration: Bindingness, Finality, and Compliance with UNCLOS Dispute Settlement Decisions

2017 ◽  
Vol 8 (1) ◽  
pp. 36-50
Author(s):  
Hao Duy PHAN ◽  
Lan Ngoc NGUYEN
Keyword(s):  
South China Sea ◽  
South China ◽  
Dispute Settlement ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Binding Force ◽  
State Compliance ◽  
Dispute Settlement Mechanisms

AbstractOn 12 July 2016, the Tribunal in theSouth China Seaarbitration issued its final award. China rejected the ruling as “null and void”. The Philippines dismissed it as “a piece of paper” after initially hailing the ruling a “milestone decision”. The reactions of the parties concerned raise important questions about the bindingness, finality, and state compliance with UNCLOS dispute settlement decisions. This paper addresses these questions by dissecting China’s arguments that the award “has no binding force” and by examining the options available for promoting compliance with the award. The paper also considers the broader question of how states generally comply with UNCLOS dispute settlement decisions and evaluates the significance of UNCLOS dispute settlement mechanisms, including theSouth China Seaarbitration, in the absence of external enforcement.

Manila cannot count on UNCLOS ruling against China

2016 ◽  
Keyword(s):  
South China Sea ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
Content Type ◽  
China Sea ◽  
Law And Politics ◽  
Definition Of ◽  
The Unclos

Subject Manila's case against Beijing at the UNCLOS arbitral tribunal. Significance An international tribunal is expected this month or next to rule on a landmark case brought by the Philippines against China over the South China Sea issue. The decision will have far-reaching reverberations for the South China Sea, the Law of the Sea, and international law and politics in East Asia. US officials have expressed concern that it will exacerbate tensions in the region as China responds assertively to an adverse finding. Impacts The case may provide the long-awaited legal definition of an 'island' under the UNCLOS. The arbitration could 'legalise' China's nine-dash line. The tribunal is most likely to uphold Philippine claims in waters around Scarborough Shoal. It will probably reject Chinese assertions of 'historic rights', but some key findings will favour China.

scholarly journals Historic Rights in the South China Sea

2019 ◽  
Vol 7 (2) ◽  
pp. 208-225
Author(s):  
Qiang Ye
Keyword(s):  
South China Sea ◽  
South China ◽  
Dispute Settlement ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
Customary International Law ◽  
China Sea ◽  
Legal Implications

Abstract China has, without challenge, enjoyed and exercised certain rights in the South China Sea throughout recorded history. Those rights do not derive from the 1982 United Nations Convention on the Law of the Sea; rather, they exist under customary international law and commonly known as ‘historic rights’. Recent interpretations related to those rights, however, remain highly controversial, which can be typically seen from the South China Sea Arbitration Case initiated by the Philippines against China. This article gives a case-by-case study based on China’s diplomatic positions on historic rights and compares them with certain international practice from an academic perspective; and then it examines the possible content and nature of historic-related rights enjoyed by China in the South China Sea and evaluates its legal implications on the dispute settlement approach in this region.

Introduction: The South China Sea: An International Law Perspective

2017 ◽  
Vol 32 (2) ◽  
pp. 193-197 ◽  
Author(s):  
Erik Franckx ◽  
Marco Benatar
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Dispute Settlement ◽  
The South China Sea ◽  
Special Issue ◽  
The South ◽  
China Sea ◽  
International Dispute ◽  
History Of

This piece offers the Guest Editors’ Introduction to this Special Issue of The International Journal of Marine and Coastal Law—dedicated to the South China Sea. It outlines the history of the 2015 Brussels Conference at which the papers in the Special Issue were first presented, notes the key presentations and introduces the authors. Four subject matters are addressed: fisheries, navigation, the regime of islands, and international dispute settlement.

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