Environmental Impact Assessment in the Law of the Sea: Safeguarding Environmental Sustainability of the South China Sea

2016 ◽  
pp. 271-290
Keyword(s):  
Environmental Impact ◽  
South China Sea ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
South China ◽  
Environmental Sustainability ◽  
The South China Sea ◽  
Law Of The Sea ◽  
The South ◽  
China Sea

Beyond the Arbitral Ruling: A Transboundary Environmental Impact Assessment in the South China Sea

2019 ◽  
Vol 9 (2) ◽  
pp. 251-274
Author(s):  
Amiel Ian VALDEZ
Keyword(s):  
Environmental Impact ◽  
South China Sea ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
South China ◽  
The South China Sea ◽  
The South ◽  
Member States ◽  
China Sea ◽  
Asean Member

AbstractThe South China Sea is a common resource where ASEAN Member States derive multiple uses. Nevertheless, the competing claims and conflicting interests of ASEAN nations and other claimants, such as China, raise the issue of transboundary harm within this sea and the sustainability of its resources. This paper argues that, despite the absence of a region-based transboundary environmental impact assessment [EIA] regime covering the South China Sea, ASEAN Member States are bound by their commitments under the Law of the Sea Convention and other binding agreements, as complemented by customary international law, which provide guidance in applying a transboundary EIA over a shared resource. TheSouth China Sea Arbitrationparticularly sets the minimum requisites of not only preparing an EIA, but also communicating the EIA results to relevant international organizations. Here, ASEAN can play a vital role as a platform through which where EIA communication can be channelled.

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 Jurisdiction of the Arbitral Tribunalin Philippines V.China Under UNCLOS and in the absence of China

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 266-272 ◽  
Author(s):  
Kate Parlett
Keyword(s):  
South China Sea ◽  
United Nations ◽  
South China ◽  
The South China Sea ◽  
Law Of The Sea ◽  
The South ◽  
China Sea ◽  
United Nations Convention ◽  
International Tribunals ◽  
The Law

It is not uncommon for decisions of international tribunals to be reported in the pages of the Washington Post or feature on the BBC News website. It is rather less common for awards to feature on the giant screens of New York’s Times Square. But less than two weeks after the Arbitral Tribuna lunder Annex VII to the United Nations Convention on the Law of the Sea issued its Awardin Philippines v.China, a three-minute video featuring China’s position was broadcast repeatedly on the screen better known forbroadcasting New Year’s Eve festivities than argumentation on the competence of international tribunals. The video asserted that China’s “indisputable sovereignty over [the South China Sea islands] has sufficient historic and legal basis” and that “the Arbitral Tribunalvainly attempted to deny China’s territorial sovereignty and maritime rights and interests in the South China Sea.” It further stated that “China did not participate in the illegal South China Sea arbitration, nor accepts the Awardso as to defend the solemnity of international law.” This latter statement goes to the very heart of the Arbitral Tribunal’s jurisdiction under the 1982 United Nations Convention on the Law of the Sea (the Convention) and its competence to decide the case despite China’s nonparticipation in the proceedings.

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.

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.

How Valid Are The South China Sea Claims Under The Law Of The Sea Convention?

2000 ◽  
Vol 2000 (1) ◽  
pp. 47-63
Author(s):  
Jon M. Van Dyke ◽  
Mark J. Valencia
Keyword(s):  
South China Sea ◽  
South China ◽  
The South China Sea ◽  
Law Of The Sea ◽  
The South ◽  
China Sea ◽  
The Law
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