scholarly journals The Disputes of South China Sea From International Law Perspective

2017 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Surya Wiranto ◽  
Hikmahanto Juwana ◽  
Sobar Sutisna ◽  
Kresno Buntoro

<p align="justify">Disputes in the South China Sea (SCS) occur due to the seizure of mari- time regions of Spratly and Paracel islands, the regions which are rich in natural resources of oil and gas. Indonesia is not a claimant state to the features in SCS, but Indonesia has a vital national interest to the jurisdiction of waters of the exclusive economic zone (EEZ) and the continental shelf which overlaps with claims 9 dashed lines of PRC. In analyzing and resolving these disputes, the writer uses theory of law- based state as a grand theory, the theory of international law as a middle range theory, and theory of conflict resolution as an applied theory. The method is a normative legal research. The legal materials are collected based on the identifted list of problems/issues and are assessed according to the classiftcation of the problems. The legal materials are deductively managed to draw conclusions from the problems encountered, and are further analyzed to solve these problems. Conflict resolution to maritime territorial dispute can be achieved by legal means. The dispute settlement by legal means can be done through bilateral, multilateral, arbitration, to the International Court of Justice, while the dispute resolution through CBMs can be achieved through dialogue in international fora by applying the formula 6 + 4 + 2 or 6 + 4 + 1 + 1, and by conducting survey and research cooperation in the fteld of maritime.</p>

2015 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Surya Wiranto ◽  
Hikmahanto Juwana ◽  
Sobar Sutisna ◽  
Kresno Buntoro

<p align="justify">Disputes in the South China Sea (SCS) occur due to the seizure of mari- time regions of Spratly and Paracel islands, the regions which are rich in natural resources of oil and gas. Indonesia is not a claimant state to the features in SCS, but Indonesia has a vital national interest to the jurisdiction of waters of the exclusive economic zone (EEZ) and the continental shelf which overlaps with claims 9 dashed lines of PRC. In analyzing and resolving these disputes, the writer uses theory of law- based state as a grand theory, the theory of international law as a middle range theory, and theory of conflict resolution as an applied theory. The method is a normative legal research. The legal materials are collected based on the identifted list of problems/issues and are assessed according to the classiftcation of the problems. The legal materials are deductively managed to draw conclusions from the problems encountered, and are further analyzed to solve these problems. Conflict resolution to maritime territorial dispute can be achieved by legal means. The dispute settlement by legal means can be done through bilateral, multilateral, arbitration, to the International Court of Justice, while the dispute resolution through CBMs can be achieved through dialogue in international fora by applying the formula 6 + 4 + 2 or 6 + 4 + 1 + 1, and by conducting survey and research cooperation in the fteld of maritime.</p>


2017 ◽  
Vol 32 (2) ◽  
pp. 193-197 ◽  
Author(s):  
Erik Franckx ◽  
Marco Benatar

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.


2017 ◽  
Vol 8 (1) ◽  
pp. 36-50
Author(s):  
Hao Duy PHAN ◽  
Lan Ngoc NGUYEN

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.


2021 ◽  
Author(s):  
Ning He ◽  
Hu Yang ◽  
Fanli Xu ◽  
Yongming Cheng

Abstract A riser is a key component for transporting produced oil and gas from the subsea wells to the surface production vessel. Through nearly 30 years of design and implementation, Steel Catenary Risers (SCRs) have been found to have the advantages of relatively low cost and good adaptability to floating platform’s motion. This paper investigates deepwater SCR system design for the Lingshui 17-2 (termed LS17-2) project. This paper first introduces a SCR system for the LS17-2 project. The field for this project is located in the northern South China Sea, with water depth of 1220m to 1560m. LS17-2 consists of a subsea production system, a deep-draft semi-submersible (SEMI), and an export riser/pipeline. The platform was designed to have a large storage capacity with a variable draft during its operation. Based on deepwater SCR engineering experience, the key SCR design challenges are summarized from the engineering executive perspective. The challenges to the SCR system design for the LS17-2 project include harsh environment condition in South China Sea and the impact on fatigue design for the requirement of 30-years’ service life. They call for design optimization and innovative ideas. The engineering design and analysis are discussed together solutions. To demonstrate the deepwater SCR system design for LS17-2 project, examples are provided to illustrate the challenges and solutions. The experience learned from this paper should have significant relevance to future SCR design.


Asian Survey ◽  
2015 ◽  
Vol 55 (3) ◽  
pp. 455-477 ◽  
Author(s):  
Stein Tønnesson

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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