Defining eez Claims from Islands: A Potential South China Sea Change

In the face of seemingly intractable territorial and maritime disputes in the South China Sea, the article examines how the 1982 United Nations Convention on the Law of the Sea (losc), sets out what maritime claims States can make in the South China Sea and how it establishes a framework that will enable States to either negotiate maritime boundary agreements or negotiate joint development arrangements (jdas) in areas of overlapping maritime claims. It provides an avenue whereby the maritime claims of the claimants can be brought into line with international law, potentially allowing for meaningful discussions on cooperation and maritime joint development based on areas of overlapping maritime claims defined on the basis of the losc.

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West Sea Special Zone between South Korea and North Korea

The Korean Journal of International and Comparative Law ◽

10.1163/22134484-12340047 ◽

2015 ◽

Vol 3 (1) ◽

pp. 20-37

Author(s):

Seokwoo Lee ◽

Leonardo Bernard

Keyword(s):

South China Sea ◽

South China ◽

Economic Benefits ◽

The South China Sea ◽

The South ◽

The West ◽

China Sea ◽

Maritime Boundary ◽

Maritime Disputes ◽

Special Zone

States currently involved in maritime disputes in the South China Sea can learn from the experience of the Koreas in creating a framework for the “Special Peace and Cooperation Zone in the West Sea.” Like the nll, the maritime boundary issues in the South China Sea are unlikely to be resolved in the near future by direct negotiations. Formal adjudication, while a possibility, is probably unlikely. Clearly, war will benefit no one. Thus, the most viable alternative may be to pursue joint economic projects, similar to the West Sea Special Zone that will grant each party economic benefits while building confidence and reducing tension in the region.

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Joint Development in the South China Sea: A New Approach

The International Journal of Marine and Coastal Law ◽

10.1163/157180806776639510 ◽

2006 ◽

Vol 21 (1) ◽

pp. 83-109 ◽

Cited By ~ 9

Author(s):

Zou Keyuan

Keyword(s):

South China Sea ◽

South China ◽

The South China Sea ◽

The South ◽

National Interests ◽

New Approach ◽

Joint Development ◽

China Sea ◽

Maritime Disputes ◽

The One

AbstractThe political situation in the South China Sea is complicated, as it contains potential for conflict with different national interests, in particular around the Spratly Islands which are currently under multiple territorial and maritime claims. This article argues for a new proposal of joint development, at least as a provisional means, pending the settlement of the territorial and maritime disputes, involving all the parties concerned, based on the 1982 United Nations Convention on the Law of the Sea and the 2002 Declaration on the Conduct of the Parties in the South China Sea Between the Association of Southeast Asian Nations (ASEAN) and China, so as to pave the way for the sharing of resources between ASEAN members and China on the one hand and to maintain regional peace and security in East Asia on the other.

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Discuss Maritime Boundary under the South China Sea Arbitration Case

SSRN Electronic Journal ◽

10.2139/ssrn.3984343 ◽

2021 ◽

Author(s):

Li Xin

Keyword(s):

South China Sea ◽

South China ◽

The South China Sea ◽

The South ◽

China Sea ◽

Maritime Boundary

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Jurisdiction of the Arbitral Tribunalin Philippines V.China Under UNCLOS and in the absence of China

AJIL Unbound ◽

10.1017/s2398772300009144 ◽

2016 ◽

Vol 110 ◽

pp. 266-272 ◽

Cited By ~ 1

Author(s):

Kate Parlett

Keyword(s):

South China Sea ◽

United Nations ◽

South China ◽

The South China Sea ◽

Law Of The Sea ◽

The South ◽

China Sea ◽

United Nations Convention ◽

International Tribunals ◽

The Law

It is not uncommon for decisions of international tribunals to be reported in the pages of the Washington Post or feature on the BBC News website. It is rather less common for awards to feature on the giant screens of New York’s Times Square. But less than two weeks after the Arbitral Tribuna lunder Annex VII to the United Nations Convention on the Law of the Sea issued its Awardin Philippines v.China, a three-minute video featuring China’s position was broadcast repeatedly on the screen better known forbroadcasting New Year’s Eve festivities than argumentation on the competence of international tribunals. The video asserted that China’s “indisputable sovereignty over [the South China Sea islands] has sufficient historic and legal basis” and that “the Arbitral Tribunalvainly attempted to deny China’s territorial sovereignty and maritime rights and interests in the South China Sea.” It further stated that “China did not participate in the illegal South China Sea arbitration, nor accepts the Awardso as to defend the solemnity of international law.” This latter statement goes to the very heart of the Arbitral Tribunal’s jurisdiction under the 1982 United Nations Convention on the Law of the Sea (the Convention) and its competence to decide the case despite China’s nonparticipation in the proceedings.

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