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.

Some Aspects of the Regime of Islands in the Law of the Sea

2017 ◽  
Vol 32 (2) ◽  
pp. 316-331
Author(s):  
David Anderson
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Case Law ◽  
The South China Sea ◽  
Law Of The Sea ◽  
Open Sea ◽  
Relevant Case ◽  
The Law ◽  
The Many

This paper examines the international law of the sea as it applies to islands and low-tide elevations, with particular reference to the many disputed islands, atolls, rocks and shoals in the South China Sea. After distinguishing the law on the acquisition of sovereignty from the law of the sea, the paper analyses the relevant terms of the un Convention on the Law of the Sea, as well as their negotiating history and some failed proposals concerning historic waters. The rules relating to islands, rocks, artificial islands, seamounts in the open sea and maritime boundaries are then reviewed in turn, together with the relevant case law.

scholarly journals A Bridge Too Far? Assessing the Prospects for International Environmental Law to Resolve the South China Sea Disputes

2015 ◽  
Vol 22 (4) ◽  
pp. 578-597 ◽  
Author(s):  
David M. Ong
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Environmental Law ◽  
Case Law ◽  
The South China Sea ◽  
Law Of The Sea ◽  
The South ◽  
International Environmental Law ◽  
China Sea

Doctrinal approaches to the South China Sea island and maritime jurisdiction disputes have traditionally invoked the international law on territorial sovereignty acquisition and the law of the sea for their resolution. However, neither of these two fields of international law and their established institutions has succeeded in settling these disputes. This paves the way for consideration of other, related but less historically and politically significant international legal developments establishing constraints against the activities undertaken on and around many of the South China Sea insular formations. In this paper, the potential for international environmental law to resolve the South China Sea disputes will be examined. Specifically, international environmental law governing ‘shared’ water bodies and their application in relevant international case law will be assessed. These obligations will be mapped onto the South China Sea disputes, with a view to providing the means for co-operation towards the resolution of these disputes.

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.

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.

scholarly journals THE CRISIS OF INTERNATIONAL LAW IN INTERNATIONAL POLITICAL ECONOMY: CASE STUDY OF SOUTH CHINA SEA DISPUTE

2017 ◽  
Vol 1 (1) ◽  
pp. 40
Author(s):  
Obsatar Sinaga ◽  
Verdinand Robertua
Keyword(s):  
Political Economy ◽  
South China Sea ◽  
International Law ◽  
South China ◽  
International Political Economy ◽  
Research Question ◽  
The Philippines ◽  
Great Power ◽  
English School ◽  
China Sea

This research discussed the impact of Permanent Court of Arbitration’s decision on the dynamic of South China Sea dispute. Court’s decision in July 2016 to give South China Sea based on UNCLOS’s regulation has provoked China’s objection. This research question is on How to understand the crisis of international law in the international political economy using English School Theory in the case of South China Sea dispute? To answer the research question, this research is using English School Theory (ES) with its two pillars namely pluralism and solidarism. This research shows two findings. First, the PCA decision has been used by the Philippines to be bargaining tool to obtain economic cooperation and appeased the failure of PCA ruling. Secondly, the PCA decision has provided momentum for China to transform their policy related to the South China Sea dispute with its role as the great power. Thirdly, the structure of international law as the primary institution would be consists of great power politics, ASEAN and economic diplomacy.   Key words: South China Sea, English School, Permanent Court of Arbitration, international political economy, international law   Abstrak   Penelitian ini membahas dampak keputusan Pengadilan Arbitrase mengenai sengketa Laut Cina Selatan. Keputusan pengadilan pada bulan Juli 2016 untuk memberi Laut Tiongkok Selatan berdasarkan peraturan UNCLOS telah memancing keberatan Tiongkok. Pertanyaan penelitian ini adalah bagaimana memahami krisis hukum internasional dalam ekonomi politik internasional dengan menggunakan Teori English School dalam kasus perselisihan Laut Tiongkok Selatan? Untuk menjawab pertanyaan penelitian, penelitian ini menggunakan Teori English School (ES) dengan dua pilarnya yaitu pluralisme dan solidarisme. Penelitian ini menunjukkan tiga temuan. Pertama, keputusan PCA telah digunakan oleh Filipina untuk menjadi alat tawar menawar untuk mendapatkan bantuan ekonomi  dari China dan meredakan ketegangan akibat keputusan PCA. Kedua, keputusan PCA telah memberi momentum bagi Tiongkok untuk mengubah kebijakan mereka terkait dengan perselisihan Laut Cina Selatan dengan memainkan perannya sebagai negara adikuasa. Ketiga, struktur hukum internasional sebagai institusi primer terdiri atas politik negara adikuasa, ASEAN dan diplomasi ekonomi.   Kata Kunci: Laut Tiongkok Selatan, English School, Permanent Court of Arbitration, Ekonomi Politik Internasional, hukum internasional

scholarly journals Assessing the Effectiveness of Settling Indonesian Sea Border Disputes through Litigation and Non-Litigation Paths

2020 ◽  
Vol 4 (1) ◽  
pp. 1-18
Author(s):  
Nur Arissa Izzati ◽  
Chusnul Qotimah Nita Permata ◽  
Miftah Santalia
Keyword(s):  
South China Sea ◽  
United Nations ◽  
International Law ◽  
Dispute Resolution ◽  
South China ◽  
Law Of The Sea ◽  
International Court ◽  
United Nations Convention ◽  
Malacca Strait

Conflicts or disputes over maritime boundaries often occur, disputes that cause two or more countries are one of the authorities of their respective countries to conduct negotiations so as not to cause prolonged conflict or dispute. Border disputes between sea, island, and state are included in the affairs of the international court through the role of international law, such as the dispute between Indonesia and Vietnam in the Natuna Sea region which mutually claims sea borders both the continental shelf boundaries and the Exclusive Economic Zone (EEZ) boundaries, disputes between Indonesia and Malaysia in the Malacca Strait, the South China Sea Dispute, and so on. The existence of unilateral claims from each country there are still problems regarding sea borders that cause relations between countries experiencing conflict. Problems that cause disputes between countries are caused because the negotiations between the two parties have not been completed, violations occur by the disputing countries, there are still unclear sea boundaries, and others. The United Nations Convention on The Law of the Sea (UNCLOS) 1982 is an international maritime law that applies in the resolution of disputes at sea, but only countries that have ratified UNCLOS can apply this international sea law. In resolving this dispute a country can do with two channels namely litigation and non-litigation, where litigation is used for the last point in this dispute through ITOLS. The purpose of writing this article is to find out how the effectiveness of sea base dispute resolution in Indonesia through litigation and non-litigation.

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.

Sign in / Sign up

Export Citation Format

Share Document