scholarly journals Interpretative Guide on the Legal Status of Maritime Features in the South China Sea Arbitral Award and its Implications for the Policy on Dokdo

2016 ◽  
Vol 31 (2) ◽  
pp. 55-100
Author(s):  
Kim Won-hee
Keyword(s):  
South China Sea ◽  
South China ◽  
Legal Status ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Arbitral Award

scholarly journals Should the Diaoyu/Senkaku Islands Be Classified as Islands or Rocks? An Examination in Light of the South China Sea Arbitration Award

2019 ◽  
Vol 34 (2) ◽  
pp. 325-349
Author(s):  
Fayokemi Ayodeji Olorundami
Keyword(s):  
South China Sea ◽  
Continental Shelf ◽  
South China ◽  
Legal Status ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Dash Line ◽  
Senkaku Islands

Abstract In July 2016, an Arbitral Tribunal handed down its award in the South China Sea dispute between the Philippines and China. In addition to considering the legal status of the controversial nine-dash line, the Tribunal also provided the first judicial interpretation of Article 121 of the LOSC, thereby shedding light on what maritime features may be regarded as islands and not rocks within the meaning of that article, and therefore entitled to an exclusive economic zone (EEZ) and continental shelf. This article considers the decision reached by the Tribunal, and the views expressed in the literature, applying them to an analysis that attempts to answer whether the Diaoyu/Senkaku Islands (sovereignty over which is disputed by China and Japan) in the East China Sea would qualify as islands, and thus entitled to an EEZ and as a continental shelf, or as rocks and therefore not so entitled.

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.

The South China Sea Arbitral Award amidst Shifting Philippine Foreign Policy

2018 ◽  
Vol 6 (1) ◽  
pp. 47-65
Author(s):  
Lowell Bautista
Keyword(s):  
Foreign Policy ◽  
South China Sea ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
Arbitral Tribunal ◽  
The South ◽  
China Sea ◽  
Arbitral Award ◽  
Policy Direction

Abstract The South China Sea Arbitral Tribunal award was an overwhelming legal and moral victory for the Philippines. The arbitral tribunal categorically declared that China’s nine-dash line claim is incompatible with the UN Convention on the Law of the Sea. However, China’s defiance of the ruling and refusal to honor and implement the award pose a serious challenge to Manila’s victory. In addition, the astonishing shift in Philippine foreign policy direction, alongside the change in government, flouts the arbitral award and undermines previous State policies assertive of Philippine maritime and territorial claims in the South China Sea. The current direction of Philippine-China relations under Philippine President Rodrigo Duterte has demonstrated positive signs of improvement compared with acrimonious bilateral relations pursued by the previous Aquino administration. The arbitral award has largely been set aside in the government’s effort to restore amicable economic and diplomatic relations with China. This paper examines the South China Sea arbitral award amidst shifting Philippine foreign policy under the administration of President Rodrigo Duterte.

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