scholarly journals The Fishing Rights Conflict in the South China Sea between Vietnam and China

2021 ◽  
Vol 5 (2) ◽  
pp. 205
Author(s):  
Mohammad Hazyar Arumbinang ◽  
Yordan Gunawan ◽  
Rizaldy Anggriawan
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
The South China Sea ◽  
Legal Basis ◽  
The South ◽  
Legal Research ◽  
Fishing Rights ◽  
Analytical Analysis ◽  
China Sea

This research aims to understand and clarify the international legal perspec-tive relating to the current dispute and how they are resolved according to international law between Vietnam and China over fishing rights in the South China Sea. This paper has adopted a normative legal research with a statutory and historical approaches. The data will be analysed by using de-scriptive-analytical analysis. This paper reveals that there are two legal is-sues in the fishing rights conflict between Vietnam and China. First is the legality of the Nine-dashed Line by China to claim the disputed water. Sec-ond, the legality of unilateral fishing ban policy by China over the disputed water, which both has no legality under international law. Although China claims over SCS using Nine-dashed Line and unilateral fishing ban policy under international law has no legal basis, the dispute over SCS including fishing rights continued until today. The solutions offered to solve these problems include a resolution on SCS dispute must be made legally and di-plomacy to build confidence-building measures. Ideally, both states should honour the accepted negotiation steps to agree upon compensation for the effects of the disputes and be sincere and earnest in their attempts and com-mitment to resolving their dispute.

Regional Customary International Law Related to China’s Historic Rights in the South China Sea

2019 ◽  
Vol 7 (2) ◽  
pp. 262-276
Author(s):  
Chenhong Liu
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
The South China Sea ◽  
The South ◽  
Fishing Rights ◽  
Customary International Law ◽  
Law System ◽  
China Sea ◽  
United Nations Convention

Abstract In the customary international law system, there exist general customary international law and regional customary international law. Based on the general practice and opinio juris of the States surrounding the South China Sea, China’s historic rights which conclude historic title to all the maritime features in the South China Sea, and historic fishing rights and navigational rights, are regulated by regional customary international law. Due to the parallel relationship between this regional customary international law and the United Nations Convention on the Law of the Sea (UNCLOS), China’s historic rights should co-exist with the rights regulated by UNCLOS.

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.

An International Law Perspective on Insular Features (Islands) and Low-tide Elevations in the South China Sea

2017 ◽  
Vol 32 (2) ◽  
pp. 298-315 ◽  
Author(s):  
Ted L McDorman
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
Law Of The Sea ◽  
The South ◽  
Republic Of China ◽  
China Sea ◽  
The Law

The numerous insular features (islands/rocks) and low-tide elevations (reefs, shoals, etc.) within the South China Sea have long been the centre of attention and dispute involving Brunei, China (the People’s Republic of China and the Republic of China (Taiwan)), Malaysia, the Philippines, and Vietnam. This contribution focuses on said maritime features from the perspective of the law of the sea. A general overview is provided of the international legal rules that apply to islands, rocks and low-tide elevations with reference to the United Nations Convention on the Law of the Sea, customary international law and international adjudications. The article then examines what the littoral states have said and done respecting the insular features in the South China Sea and offers some reflections in the context of the Philippine-China arbitration.

A Legal Analysis of China’s Historic Rights Claim in the South China Sea

2013 ◽  
Vol 107 (1) ◽  
pp. 124-141 ◽  
Author(s):  
Florian Dupuy ◽  
Pierre-Marie Dupuy
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
The South China Sea ◽  
Political Strategy ◽  
Legal Analysis ◽  
People's Republic Of China ◽  
The South ◽  
Republic Of China ◽  
China Sea

The recent turmoil created by the competing sovereignty claims of several countries over islands and waters in the South China Sea has caused the resurgence of the concept of “historic rights.” Although the term historic rights (sometimes confusingly used in this context in combination with other germane notions, such as historic waters and historic title) has often been imbued with a certain degree of confusion and controversy in international law, it seems bound to play an important part inthe arguments brought by states claiming sovereignty in this region and, in particular, by the People’s Republic of China (China). The vagueness of the legal terminology used by China raises the issue of whether that very vagueness is being used as an element of political strategy.

scholarly journals Navigation in the South China Sea: Introductory Remarks

2017 ◽  
Vol 32 (2) ◽  
pp. 238-242
Author(s):  
Giuseppe Cataldi
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
The South China Sea ◽  
Law Of The Sea ◽  
The South ◽  
International Conference ◽  
China Sea ◽  
General Overview ◽  
Rules And Principles

This article presents the author’s introductory remarks presented at the international conference The South China Sea: An International Law Perspective (Brussels, 6 March 2015) during a panel dedicated to questions of navigation. It provides a general overview of the competing claims in the South China Sea and highlights relevant rules and principles of the law of the sea that are applicable to the region.

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