scholarly journals Taiwanese Position in the South China Sea Dispute: Before and After the Permanent Court of Arbitration Award

2016 ◽  
Vol 9 (2) ◽  
pp. 467-468 ◽  
Author(s):  
Yen-Chiang Chang ◽  
2011 ◽  
Vol 30 (2) ◽  
pp. 77-104 ◽  
Author(s):  
Carlyle A. Thayer

This article reviews Chinese assertive behaviour towards the Philippines and Vietnam over South China Sea issues in 2011. The article compares and contrasts Chinese diplomatic behaviour in the period before and after the adoption by ASEAN member states and China of Guidelines for the Implementation the Declaration on Conduct of Parties in the South China Sea in July. In the first period China aggressively asserted its claims to sovereignty by interfering with commercial fishing and oil exploration activities of vessels operating in the Exclusive Economic Zones of Vietnam and the Philippines. Both states resisted Chinese actions. The Philippines allocated increased funding for defence modernization, lobbied ASEAN states and shored up its alliance with the United States. Vietnam too protested Chinese action and undertook symbolic steps to defend national sovereignty. In the second period all states moved to contain South China Sea tensions from affecting their larger bilateral relations. It remains to be seen, however, if proposed confidence building measures will ameliorate Chinese assertiveness.


2020 ◽  
Vol 36 (1) ◽  
Author(s):  
Nguyen Tien Vinh

In the context of the long, complex disputes in Bien Dong (South China Sea) and the emergence of the use of force risks therefor, a long term solution based on a system of approaches and measures on deferent diplomatic, economic, and legal levels must be available. On the legal level, the Article analyzes the main contents of the Arbitration Award in the Philippines v. China Case regarding the status of islands and other features and the China's unreasonable claim on the nine-dash line and its actions in the South China Sea. Since then, the Article suggests the comments on the effects and consequences of the Award in light of the general perception that this Award is an important victory of international law in general and of the Law of the Sea in particular, this also is the victory of the countries, including Vietnam against China's unjustified unilateral claims and acts in the South China Sea. Keywords: South China sea; the arbitration award on South China sea, legal status of islands, the nine-dash line. References: [1] PCA Case Nº 2013-19, The South China Sea Arbitration, Award of 12 July 2016,https://pcacases.com/web/sendAttach/2086. [2] Nikos Papadakis, The International Legal Regime of Artificial Islands, Sijthoff - Leyden, 1977. [3] Convention on the Territorial Sea and the Contiguous Zone, Geneva 29 April 1958, United Nations, Treaty Series , vol. 516, p. 205.[4] Convention on the Continental Shelf, Geneva, 29 April 1958, United Nations, Treaty Series , vol. 499, p. 311.[5] United Nations Convention on the Law of the Sea, Montego Bay 10 December 1982.[6] Van Dyke, M. Jon and Bennett, Dale (1993), Islands and the Delimitation of Ocean Space in the South China Sea, 10 Ocean Yearbook.[7] Jonathan I. Charney (1999), Rocks That Cannot Sustain Human Habitation, American Journal of International Law, 93 A.J.I.L. 863.[8] Continental Shelf Area between Jan Mayen and Iceland (Jan Mayen Continental Shelf), Report and Recommendations to the Government of Iceland and Norway of the Conciliation Commission of 19-20 May 1981 in 62 International Law Reports (1981), p. 108.[9] D.W. Bowett (1979), The Legal Regime of Islands in International Law; E.D. Brown (1978), Rockall and the Limits of National Jurisdiction of the UK: Part 1, Marine Policy Vol. 2, p. 181 at pp. 206-207; J.M. Van Dyke & R.A. Brooks (1983), Uninhabited Islands: Their Impact on the Ownership of the Oceans’ Resources, Ocean Development and International Law, Vol. 12, , Nos. 3-4, p. 265; R. Kolb (1994), The Interpretation of Article 121, Paragraph 3 of the United Nations Convention on the Law of the Sea: Rocks Which Cannot Sustain Human Habitation or Economic Life of Their Own, French Yearbook of International Law, Vol. 40, 1994, p. 899; D. Anderson (2002), Islands and Rocks in the Modern Law of the Sea, in United Nations Convention on the Law of the Sea 1982: A Commentary, Vol. VI, pp. 307-21; J.L. Jesus, Rocks (2003), New-born Islands, Sea Level Rise, and Maritime Space, in J. Frowein, et al., eds., Negotiating for Peace, p. 579.[10] North Sea Continental Shelf Cases, Para 57.[11] Tunisia Libya Case, Para. 128.[12] Case Concerning Delimitation of the Maritime Boundary in the Gulf of Maine Area, (U.S. v. Canada), I.C.J. Reports 1984, p. 222.[13] PCA Case Nº 2013-19, The South China Sea Arbitration, Award of 12 July 2016. Truy cập tại đường link:https://pcacases.com/web/sendAttach/2086.[14] Note Verbal No. CML/8/2011 (14 April 2011) from the Permanent Mission of the People’s Republic of China to the UN Secretary-General with regard to the joint submission made by Malaysia and Viet Nam to the Commssion on the Limites of Continental Shefl, Annex I, Doc. A23; Foreign Ministry Spokesperson Hua Chunying's Remarks on Relevant Issue about Taiping Dao, 06/03/2016: www.fmprc.gov.cn/mfa_eng/xwfw_665399/s2510665401/t1369189.shtml.[15] Daniel Schaerffer, The Legacy of the Nine -Dashed Line: Past, Present and Future in International Workshop Paracel and Spratly Archipelagos History Truth, Danang, 19-21/4/2014: http://pdu.edu.vn/a/index.php?dept=20&disd=&tid=4921.[16] Note Verbal No. CML/17/2009 (7 May 2009) from the Permanent Mission of the People’s Republic of China to the UN Secretary-General with regard to the joint submission made by Malaysia and Viet Nam to the Commssion on the Limites of Continental Shefl: https://www.un.org/Depts/los/clcs_new/submissionsfiles/mysvnm33_09/chn_2009re_mys_vnm_e.pdf.[17] Commission on the Limits of the Continental Shelf (CLCS) Outer limits of the continental shelf beyond 200 nautical miles from the baselines: Submissions to the Commission: Joint submission by Malaysia and the Socialist Republic of Vietnam.[18] http://www.un.org/Depts/los/clcs_new/submissiosfiles/submission_mysvnm_33_2009.htm.      


2018 ◽  
Vol 112 ◽  
pp. 4-7
Author(s):  
David Freestone

As a teacher of international law for more years than I care to admit, I have to declare at the start of my comments that I admire the South China Sea Arbitration Award greatly. It presents an interpretation of the provisions of the 1982 UN Convention on the Law of the Sea (UNCLOS) on islands and rocks in a comprehensive, carefully considered and intellectually satisfying way. As my colleagues will doubtless point out, it does present problems relating to current existing state practice, but it does to my mind capture what the UNCLOS III drafters had in mind when the 1982 Convention text was put together.


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