Suchergebnisse

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.

The study analyzes disputes and dispute management in the South China Sea. The progress made is outlined through an overview and analysis of formally settled disputes. The unsettled disputes are identified, analyzed, and assessed. The study concludes with a broader assessment from the perspective of dispute management.

Using a conflict transformation framework, this article demonstrates that positive transformations have taken place in the South China Sea between 1991 and 2007. Even though these transformations have been weakened in recent years, particularly regarding the actor aspect, it is concluded that a major armed conflict is still highly unlikely.

1Arbitration — Jurisdiction and admissibility — United Nations Convention on the Law of the Sea, 1982 ("UNCLOS") — UNCLOS Part XV and Annex VII — Preliminary matters — Consequences of non-participation by respondent in arbitration proceedings — Whether arbitration constituting abuse of legal process — Identification and characterization of dispute — Whether dispute concerning interpretation and application of UNCLOS — Whether dispute concerning territorial sovereignty — Whether dispute concerning maritime delimitation — Whether third parties indispensable to proceedingsArbitration — Preconditions to Tribunal's jurisdiction — UNCLOS Part XV, Section 1 — UNCLOS Articles 281, 282 and 283 — Whether Parties agreeing to seek settlement by a means of their own choice — Whether settlement reached by recourse to agreed means — Whether Parties' agreement excluding further procedure — Whether Parties agreeing through general, regional or bilateral agreement to submit dispute to procedure entailing binding decision — Whether Parties having agreed to opt back in to Part XV — Obligation to exchange views — Obligation to negotiate prior to initiation of compulsory proceduresArbitration — Limitations and exceptions to Tribunal's jurisdiction — UNCLOS Part XV, Section 3 — Automatic limitations under Article 297 — Optional exceptions under Article 298 — China's declaration under Article 298 — Exclusions concerning maritime delimitation — Exclusions concerning historic titles — Exclusions concerning military activities — Exclusions concerning law enforcement activities — Whether issues of jurisdiction possessing exclusive preliminary characterSea — Scope of UNCLOS — Title to land territory — Historic rights to maritime spaces — South China Sea — China's "nine-dash line" — Scope of maritime entitlements under UNCLOS — Historic rights to living and non-living resources within nine-dash lineSea — Islands and other maritime features — UNCLOS Articles 13 and 121 — Maritime entitlement of features — Whether features constituting low-tide elevations — Whether low-tide 2elevations capable of appropriation — Whether features constituting rocks — Whether Spratly Islands having high-tide featuresSea — Fisheries — UNCLOS Articles 2(3), 56, 58, 60, 77 and 80 — Traditional fishing at Scarborough Shoal — Whether China interfering with oil exploration at Reed Bank — China's 2012 moratorium on fishing in South China Sea — Flag State's obligation of due diligence over fishing vessels — Whether China constructing artificial islands and installations at Mischief Reef — Philippines' jurisdiction over artificial islands in exclusive economic zone and continental shelfSea — Marine environment — UNCLOS Articles 123, 192, 194, 197 and 206 — Marine environment protection — Whether China engaging in harmful fishing practices — Whether China constructing artificial islands, installations and structures on seven reefs in Spratly Islands — Obligation to prevent direct harvesting of endangered species — Obligation to prevent destruction of endangered species' habitat — Obligation to cooperate — Obligation to communicate environmental impact assessmentSea — Safety at sea — UNCLOS Article 194 — Convention on the International Regulations for Preventing Collisions at Sea, 1972 ("COLREGS") — COLREGS Rules 2, 6, 7, 8, 15 and 16 — Safety of navigation — Risks of collision — China's operation of law enforcement vessels at Scarborough ShoalSea — Dispute settlement — UNCLOS Part XV — UNCLOS Articles 279, 296 and 300 — Duty to refrain from aggravating or extending a dispute during settlement proceedings — General international law — Duty to abstain from measure capable of exercising prejudicial effect on execution of decisionTreaties — Binding agreements — Declaration of Conduct of Parties — Bilateral agreements — Treaty of Amity and Cooperation in Southeast Asia, 1976 — Convention on Biological Diversity, 1992 — Whether Declaration of Conduct binding agreement on means of dispute settlement — Whether bilateral statements constituting legally binding agreements — Interpretation

During the past decade, China has been striving for a more prominent status in the international community. In doing so, China undertook several measures that indicate its willingness to become a supportive collaborator in the international politics, including taking a part in the Six Party Talks regarding to the North Korean nuclear issue as well as striving for the Market Economy Status (MES). However, the recent development of the South China Sea dispute seems to show a contrasting circumstance. As one of the claimant states, China showed a fairly aggressive gesture in expanding and exploiting the disputed territory. Recently, China even declared a refusal against the verdict from the international law which stated that China had no legal base in claiming the territory. This situation sparked a puzzle as the non-compliance against the international law seemed to be violating China's on- going efforts to win the broader acceptance in the international community. Thus, using two different perspectives, namely structural realism and social constructivism, this study analyses puzzle and finds the contextual relevance behind China's non- compliance policy. The overall findings show that the rational interest of pursuing the hegemony in the disputed region becomes the primary goal that China is pursuing beyond the interest of adhering to the international law.

Zeitraum d. Einführung: 2. Jh. v. Chr. - 1982

This article assesses characterization issues under the law of the sea, through the medium of an International Law Studies "maritime situation." The article begins with a hypothetical scenario concerning an incident between a NATO warship and PRC vessels near Subi Reef and Thitu Island in the South China Sea. The analysis then turns to how we might assess characterization issues under the law of the sea as they apply to this incident. The lenses of analysis employed are: (1) Where, in law of the sea terms, did the incident happen? (2) Who, employing a law of the sea characterization scheme, but referencing relevant responsibility regimes, were the perpetrator vessels? (3) Where does responsibility for the conduct of these vessels lay? (4) How do these "where" and "who" factors interact in assessing the incident in terms of the law of the sea?