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.

Legality of China’s Entitlements of Historic Rights beyond the UNCLOS in the South China Sea

2019 ◽  
Vol 7 (2) ◽  
pp. 249-261
Author(s):  
Renyuan Li
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Opposite Conclusion ◽  
History Of ◽  
The Unclos

Abstract In the Award of the South China Sea Arbitration, the Tribunal concluded that the Convention had superseded any historic rights in excess of the limits imposed by the Convention. Consequently, China’s claim of historic rights in the relevant part encompassed by the nine-dashed lines in the South China Sea exceeded the limits of China’s maritime entitlements under the Convention. But an analysis on the context and negotiation history of paragraph 8 of the preamble and issues related to historic rights in the Convention leads to an opposite conclusion. For the issues related to historic rights, the negotiation history of the Convention indicated that the Convention does not supersede any historic rights but left lacunae on related issues. According to the text and negotiation history of paragraph 8 of the Convention, historic rights were not superseded but were regulated by general international law.

scholarly journals SENGKETA LAUT CINA SELATAN DALAM PERSPEKTIF HUKUM INTERNASIONAL

2020 ◽  
Vol 1 (2) ◽  
pp. 88-98
Author(s):  
Edmondus Sadesto Tandungan
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
The South China Sea ◽  
The South ◽  
Potential Conflict ◽  
China Sea ◽  
International Dispute ◽  
The World ◽  
Strategic Role

The South China Sea Region is one of the largest waters in the world and has a strategic role both in terms of economy, politics and security so as to make this region have great potential that can be utilized by countries around the region. The consequences of many interests in this region is potential conflict form many state. This article analyzes several disputes that occur in the South China Sea based on international law. The purpose of this article is to find out the steps taken by states to resolving these international legal disputes. Through the analysis in this article it was found that in the perspective of international law, the dispute over the South China Sea was sourced from differences of principles in determining maritime boundaries. The analysis of this article also found several steps and efforts that can be taken by the disputing countries to resolve the South China Sea dispute.Keywords : South China Sea; International Dispute; International Law

scholarly journals Does the Single Draft of COC in the South China Sea Matters?

2020 ◽  
Vol 4 (2) ◽  
pp. 161
Author(s):  
Agus Haryanto ◽  
Arief Bakhtiar Darmawan
Keyword(s):  
South China Sea ◽  
South China ◽  
Legal Status ◽  
Dispute Settlement ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
International Dispute ◽  
Asean Countries ◽  
The Impact

This paper attempts to elaborate on the impact of the Single Draft of CoC in resolving the South China Sea (SCS) dispute. This paper uses the concept of International Dispute Settlement Procedures (IDSPs), where the parties try to resolve problems based on international law. This paper argues that countries in the region have been trying to have CoC mechanisms since the 1990s. Although in 2018, the ASEAN countries and China agreed on a Single Draft of CoC in the SCS, however the settlement of the SCS dispute is far from over. The CoC Single Draft is only a collection of ASEAN and China proposals. The Single Draft weaknesses in terms of legal status are they do not clearly state the obligations of each country to add or withdraw their respective proposals.  

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.

The South China Sea

Asian Survey ◽  
2015 ◽  
Vol 55 (3) ◽  
pp. 455-477 ◽  
Author(s):  
Stein Tønnesson
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Use Of Force ◽  
The South China Sea ◽  
Law Of The Sea ◽  
The South ◽  
Government Behavior ◽  
China Sea ◽  
The Law

The article looks at three ways in which international law has affected government behavior in the South China Sea. It has exacerbated disputes. It has probably curtailed the use of force. And it has made it difficult to imagine solutions that violate the law of the sea.

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