Law of the Sea and Asian States

2019 ◽  
pp. 204-236
Author(s):  
Robert Beckman
Keyword(s):  
United Nations ◽  
Southeast Asia ◽  
South Asia ◽  
Northeast Asia ◽  
Legal Order ◽  
Law Of The Sea ◽  
United Nations Convention ◽  
The Law ◽  
The Western Pacific ◽  
The Unclos

This chapter describes Asia’s active participation in the law of the sea. The modern law of the sea is set out in the United Nations Convention on the Law of the Sea 1982 (UNCLOS), as modified by the Agreement relating to the Implementation of the Convention 1994. UNCLOS establishes a legal order for all use of the oceans, has been universally accepted, and has been described as a ‘constitution’ for the oceans. Indeed, one of the major achievements of UNCLOS was the establishment of a clear demarcation of rights and jurisdiction in the oceans. The chapter then looks at how Asian states have contributed to, participated in, and implemented the UNCLOS regime. The term Asian states is used rather loosely, but includes states in South Asia, Southeast Asia, Northeast Asia, and the western Pacific.

scholarly journals China and the UNCLOS: Practices and Policies

2019 ◽  
Vol 5 (1) ◽  
pp. 1-20 ◽  
Author(s):  
Xinmin Ma
Keyword(s):  
Twentieth Century ◽  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
International Tribunal ◽  
United Nations Convention ◽  
The Law ◽  
International Seabed Authority ◽  
Comprehensive Compilation ◽  
The Unclos

Abstract The 1982 United Nations Convention on the Law of the Sea (UNCLOS or the Convention) is one of the most important accomplishments in the development of international law in the twentieth century. As a comprehensive compilation of the modern law of the sea, the UNCLOS not only codifies numerous customary rules of law of the sea, but also progressively develops the treaty rules of law of the sea. Especially the three bodies established by the UNCLOS, namely the International Seabed Authority (ISA), the International Tribunal for the Law of the Sea (ITLOS) and the Commission on the Limits of the Continental Shelf (CLCS), have played an important role in facilitating the implementation of the UNCLOS and promoting stability and development of the international marine order. As a member of the big family of the States Parties to the UNCLOS, China has been faithfully fulfilling the obligations of the UNCLOS, fully engaged in the work of the three bodies and actively contributing its solutions and wisdom. In the process of implementing the UNCLOS, China has formed its own practices and policies.

scholarly journals Vietnam geographical exploitation under the United Nations Convention on the Law of the Sea in 1982 (UNCLOS 1982)

2019 ◽  
Vol 19 (3B) ◽  
pp. 31-42
Author(s):  
Phung Van Phach ◽  
Huynh Minh Chinh ◽  
Do Chien Thang ◽  
Tran Anh Tuan ◽  
Phan Tuan Nam ◽  
...  
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
Active Member ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
The Unclos

As an active member of the United Nations Convention on the Law of the Sea - UNCLOS, Vietnam has completed 3 Reports on the Limits of the Continental Shelf and has submitted two of them to the Commission on the Limits of the Continental Shelf - CLCS, before the deadline 13-5-2009. Those are: (1) Outer Limits of the Vietnam’s Extended Continental Shelf: North Area (VNM-N); (2) Outer Limits of the Vietnam’s Extended Continental Shelf: Middle Area (VNM-M) and (3) Vietnam - Malaysia Joint Continental Shelf Submission. The VNM-M has not yet been submitted but it was mentioned to the CLCS and will be submitted in the appropriate time.Vietnam’s submissions were highly appreciated by CLCS; although the CLCS has not yet organized a special sub-committee to look at our reports, the secretariat of CLCS has already posted the executive reports of our submissions, with our principle claims on the continental shelf, on the website of the CLCS since May 2009. This paper presents shortly the UNCLOS and its application in Vietnam case.

The Commission on the Limits of the Continental Shelf and its Disturbing Propensity to Legislate

2011 ◽  
Vol 26 (3) ◽  
pp. 355-383 ◽  
Author(s):  
Andrew Serdy
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
Continental Shelves ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

AbstractCreated by the United Nations Convention on the Law of the Sea to apply the rules in Article 76 on the outer limits of the continental shelf beyond 200 nautical miles from States’ territorial sea baselines, the Commission on the Limits of the Continental Shelf has on several occasions introduced new requirements for States not supported by Article 76, or impermissibly qualifying the rights Article 76 accords them. This article focuses on several such instances, one to the coastal State’s advantage (though temporally rather than spatially), another neutral (though requiring unnecessary work of States), but the remainder all tending to reduce the area of continental shelves. The net effect has been to deprive States of areas of legal continental shelf to which a reasonable interpretation of Article 76 entitles them, and in one case even of their right to have their submissions examined on their merits, even though, paradoxically, the well-meaning intention behind at least some of the Commission’s pronouncements was to avoid other controversies.

How to Amend UNCLOS and Why It Has Never Been Done

2021 ◽  
Vol 9 (1) ◽  
pp. 72-83
Author(s):  
Chris Whomersley
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
International Organisations ◽  
International Labour Organisation ◽  
International Maritime Organisation ◽  
Consensus Procedure ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Labour Organisation

Abstract The United Nations Convention on the Law of the Sea (UNCLOS) contains detailed provisions concerning its amendment, but these have never been used and this article explores why this is so. States have instead maintained the Convention as a “living instrument” by adopting updated rules in other organisations, especially the International Maritime Organisation and the International Labour Organisation. States have also used the consensus procedure at Meetings of the States Parties to modify procedural provisions in UNCLOS, and have adopted two Implementation Agreements relating to UNCLOS. In addition, port State jurisdiction has developed considerably since the adoption of UNCLOS, and of course other international organisations have been active in related fields.

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