scholarly journals The building of artificial islands of China in the Spratly Islands - An analysis in the viewpoint of the international law

2016 ◽  
Vol 19 (2) ◽  
pp. 77-90
Author(s):  
Nam Thi Nha Bach
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Legal Status ◽  
Land Reclamation ◽  
The Other ◽  
International Commitments ◽  
Spratly Islands ◽  
Current Context ◽  
Natural Formation

The illegal building of the artificial islands in the Spratly Islands of China has been started since the beginning of 2014, and considerably boomed since 2015. China has conducted the dredging and the land reclamation in order to change the natural formation of seven reefs in the Spratly Islands, establish the artificial islands and complete the other man-made outposts in the features which were occupied unlawfully by China in the South China Sea. In the paper, the author shall evaluate the maritime environmental impacts, increasing defense and political chaos in the disputed area posed by China’s land reclamation, and legal disputes of the related parties about the legal status of the artificial islands. In the next part of the paper, the author presents how China’s land reclamation has violated of the international law, UNCLOS 1982, and broken binding international commitments of China. Hence, the author suggests the solutions for Vietnam in the current context of robust land reclamation conducted by China in the Spratly Islands.

The Regime of Islands Reframed:

2021 ◽  
Vol 3 (1-2) ◽  
pp. 1-126
Author(s):  
Clive Schofield
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Legal Status ◽  
Potential Role ◽  
The South China Sea ◽  
Law Of The Sea ◽  
The South ◽  
China Sea ◽  
Definition Of

Abstract The definition of islands represents a longstanding source of uncertainty under the international law of the sea, resulting in numerous disputes among coastal States. This is primarily due to the significant impacts the legal status of islands has on both their maritime entitlements and potential role in the delimitation of maritime boundaries. This study highlights the geographical diversity of islands and outlines the historical development of as well as progress towards the clarification of the legal definition of islands. The Award of the Arbitral Tribunal in the South China Sea case is examined in detail as it provides the first detailed international judicial examination and interpretation of the Regime of Islands. The definition of other types of insular features including low-tide elevations and artificial islands as well as submerged features are also addressed. Reactions to the interpretation of Article 121 by the Tribunal in the South China Sea case are explored before conclusions and considerations on the potential implications of these developments are offered.

Is International Law International?

2017 ◽  
Author(s):  
Anthea Roberts ◽  
Martti Koskenniemi
Keyword(s):  
South China Sea ◽  
International Law ◽  
Case Studies ◽  
South China ◽  
Visual Representations ◽  
International Lawyer ◽  
Spheres Of Influence ◽  
Diverse Backgrounds ◽  
The World ◽  
Anglo American

Is International Law International? takes the reader on a sweeping tour of the international legal academy to reveal some of the patterns of difference, dominance, and disruption that belie international law’s claim to universality. Both revealing and challenging, confronting and engaging, this book is a must-read for any international lawyer, particularly in a world of shifting geopolitical power. Pulling back the curtain on the “divisible college of international lawyers,” the author shows how international lawyers in different states, regions, and geopolitical groupings are often subject to differences in their incoming influences and outgoing spheres of influence in ways that affect how they understand and approach international law, including with respect to contemporary controversies like Crimea and the South China Sea. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the “international”—a point which holds true for Western actors, materials, and approaches in general, and Anglo-American ones in particular. But these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages international lawyers to see the world through others’ eyes—an approach that is pressing in a world of rising nationalism.

Fisheries Co-operation in the South China Sea and the (Ir)relevance of the Sovereignty Question

2011 ◽  
Vol 2 (1) ◽  
pp. 59-88 ◽  
Author(s):  
Thang NGUYEN DANG
Keyword(s):  
South China Sea ◽  
South China ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
High Profile ◽  
Spratly Islands ◽  
Low Profile ◽  
Viable Solution ◽  
Petroleum Development

Joint petroleum development has often been considered as a viable solution to the seemingly intractable Spratly Islands dispute in the South China Sea (SCS). This is, however, more easily said than done. On the other hand, little attention is paid to fisheries co-operation in the SCS despite the fact that fisheries constitute an important part in the economies of coastal states. The present laissez-faire approach to fisheries in the disputed area gives rise to friction and tension. By highlighting the salient features of existing fisheries’ co-operative arrangements in the world, this article demonstrates the merits of a fisheries arrangement in the SCS. It also argues that fisheries co-operation, as a low-profile undertaking, is probably easier to achieve than joint petroleum development. A fisheries arrangement would serve the immediate interests of parties to the Spratly Islands dispute and may pave the way for their future high-profile co-operation, i.e. joint petroleum development.

China and International Adjudication

2021 ◽  
Author(s):  
Thomas S. Eder
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Case Law ◽  
Comprehensive Analysis ◽  
Legal Order ◽  
Great Power ◽  
Law Of The Sea ◽  
International Legal Order ◽  
International Adjudication

China aims to become a “leader country” in international law that “guides” the international legal order. Delivering the first comprehensive analysis of case law and Chinese academic debates from 2002 to 2018, this book shows that gradually increased engagement with international adjudication is part of a broad effort to consolidate China’s economic and political gains, and regain great power status. It covers trade, investment, territorial and law of the sea matters – including the South China Sea disputes – and delineates a decades-long process between caution and ambition. Both in debate patterns and in actual engagement, this book finds remarkable similarities in all covered fields of law, merely the timetables differ.

Maritime Claims and Underwater Archaeology: When History Meets Politics

2021 ◽  
Vol 4 (1-2) ◽  
pp. 1-131
Author(s):  
Mariano J. Aznar
Keyword(s):  
South China Sea ◽  
Cultural Heritage ◽  
International Law ◽  
South China ◽  
Ethical Issues ◽  
Underwater Archaeology ◽  
Underwater Cultural Heritage ◽  
Archaeological Heritage ◽  
Territorial Claims ◽  
Legal And Ethical Issues

Abstract Among other circumstances relevant to maritime delimitations, some States have recently used the protection of underwater cultural heritage (UCH) as grounds for advancing jurisdictional or sovereignty claims over different maritime areas. After identifying the contours of current international law governing that heritage, this book critically addresses: first, the generally limited use of archaeological heritage in territorial claims; second, the broad acceptance by States of ‘archaeological maritime zones’ that overlap with declared contiguous zones; and, third, the (mis)use of UCH and underwater archaeology in three still disputed maritime claims, namely, Canada’s claim in Arctic waters, China’s in the South China Sea, and Russia’s in Crimea and its surrounding waters. Legal and ethical issues related to underwater archaeology are also discussed.

THE LAW-MAKING EFFECTS OF THE FAO DEEP-SEA FISHERIES GUIDELINES

2018 ◽  
Vol 67 (4) ◽  
pp. 801-832
Author(s):  
Lene Korseberg
Keyword(s):  
Twentieth Century ◽  
South China Sea ◽  
International Law ◽  
Fisheries Management ◽  
South China ◽  
Deep Sea ◽  
International Community ◽  
Legal Regime ◽  
Substantive Content ◽  
Law Making

AbstractThe second half of the twentieth century saw major improvements in the legal regime for fisheries management. This notwithstanding, the deep seas remain largely unregulated under international law, until recently only being covered by the general environmental and management provisions found in UNCLOS. In light of this regulatory gap, this article evaluates the potential law-making effects, if any, of the FAO Deep-Sea Fisheries Guidelines, a voluntary instrument designed to provide States with a regulatory framework for the management of their deep-sea fisheries. It considers how the Guidelines may inform, interpret and influence the content of the general high-sea obligations in UNCLOS. Despite the vagueness and generality of those provisions, some indication of their substantive content has been given in recent decisions, particularly the South China Sea Arbitration. By assessing their compatibility, and their level of acceptance by the international community, this article argues that the FAO Deep-Sea Guidelines are beginning to have a law-making effect by providing an authoritative interpretation of the general high-sea obligations found in UNCLOS relating to deep-sea fisheries.

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.

scholarly journals Two Functionally Distinct Ciliates Dwelling in Acropora Corals in the South China Sea near Sanya, Hainan Province, China

2010 ◽  
Vol 76 (16) ◽  
pp. 5639-5643 ◽  
Author(s):  
Dajun Qiu ◽  
Liangmin Huang ◽  
Hui Huang ◽  
Jianhui Yang ◽  
Senjie Lin
Keyword(s):  
South China Sea ◽  
South China ◽  
The South China Sea ◽  
The Other ◽  
Hainan Province ◽  
The South ◽  
China Sea ◽  
Brown Band ◽  
Triangular Relationship ◽  
Brown Band Disease

ABSTRACT We detected and characterized two distinct scuticociliate ciliates inside Acropora corals in the South China Sea. One, voraciously foraging on Symbiodinium, resembled the brown band disease of ciliates. The other, which is closely related to Paranophrys magna, grazed on detritus instead of Symbiodinium. These two ciliates may serve contrasting functions (competitor versus “cleaner”) in the coral-ciliate-Symbiodinium triangular relationship.

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