Discuss Maritime Boundary under the South China Sea Arbitration Case

2021 ◽  
Author(s):  
Li Xin
Keyword(s):  
South China Sea ◽  
South China ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Maritime Boundary

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

2014 ◽  
Vol 29 (2) ◽  
pp. 193-243 ◽  
Author(s):  
Robert C. Beckman ◽  
Clive H. Schofield
Keyword(s):  
South China Sea ◽  
South China ◽  
The South China Sea ◽  
The South ◽  
Joint Development ◽  
China Sea ◽  
Maritime Boundary ◽  
The Face ◽  
Maritime Disputes ◽  
United Nations Convention

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.

West Sea Special Zone between South Korea and North Korea

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.

scholarly journals The Equitable Distribution of Marine Resources by Agreement of States—The Case of the South China Sea

2015 ◽  
Vol 1 (1) ◽  
pp. 36-66
Author(s):  
Volker Roeben
Keyword(s):  
South China Sea ◽  
South China ◽  
The South China Sea ◽  
Customary Law ◽  
The South ◽  
China Sea ◽  
Negotiated Settlement ◽  
Maritime Boundary ◽  
The Individual ◽  
Maritime Boundary Delimitation

The socially just distribution of maritime spaces and their resources among States is a key concern of the 1982 un Convention on the Law of the Sea. This concern underlies the general apportionment of those spaces to coastal States as well as the concrete delimitation of any overlapping claims. The Convention prescribes that such delimitation be equitable. Much attention so far has been given to the judicial performance of such maritime boundary delimitation. This paper focuses on the alternative of delimitation by negotiated agreement of States. It conceives of delimitation as institutionalized oceans governance. This governance seeks to achieve the indeterminate objective of equitable delimitation by combining two broad approaches with machinery for their concretization. For one, the Convention adopts a geographical approach, implemented through the concept of maritime zones extending seawards of the land. Yet the Convention also countenances a non-geographical approach based on historic titles grounded in customary law. For concretising these broad approaches into principles, rules, and decisions, the Convention institutionalizes comprehensive judicial decision-making. Courts and tribunals have indeed developed an acquis judiciaire favouring delimitation by means of the equidistance/relevant circumstances method that is binding on States. However, the Convention gives preference to the equally institutionalized negotiated delimitation of marine entitlements, by means of the agreement of the coastal States concerned. These States therefore retain a considerable margin of appreciation for negotiated delimitation, drawing on state practice to identify the principles appropriate for the individual instance. The paper first develops this governance framework and then exemplifies its workings in the case of the South China Sea, marked by several, ongoing maritime delimitation disputes to be resolved by negotiated settlement.

The Chinese Traditional Maritime Boundary Line in the South China Sea and Its Legal I Consequences for the Resolution of the Dispute over the Spratly Islands

1999 ◽  
Vol 14 (1) ◽  
pp. 27-55 ◽  
Author(s):  
Zou Keyuan
Keyword(s):  
South China Sea ◽  
South China ◽  
The South China Sea ◽  
Boundary Line ◽  
The South ◽  
Origin And Evolution ◽  
China Sea ◽  
Spratly Islands ◽  
Legal Implications ◽  
Maritime Boundary

AbstractChina's traditional maritime boundary line, commonly known as the U-shaped line in the South China Sea, has been queried frequently in various circles, whether governmental or academic, on its real meaning. This article addresses the legal implications of this line for the Spratly Islands dispute, including, inter alia, the origin and evolution of the line, China's attitude towards and practice relating to the line, reactions from other South China Sea countries, the relevance of the line to the concept of historic waters and other law of the sea concepts, and the potential role to be played by the line in the future delimitation of maritime boundaries in the South China Sea.

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