Research Asssisant

Research Asssisant has written 45 posts for South China Sea

The General Dispute Settlement System of the UN Convention on the Law of the Sea: Overview, Context, and Use

Author: Robin Churchill Ocean Development & International Law, 2017 Abstract This article provides an introduction to the contributions in this special issue of Ocean Development & International Law. It offers an overview of the dispute settlement provisions of the UN Convention on the Law of the Sea, placing them in the context of dispute settlement … Continue reading

Mandatory Counseling: Why the Timor-Leste v. Australia Conciliation Court Case Matters for Maritime Dispute Resolution

Author: Lyle J. Morris Pell Center for International Relations and Public Policy The case has several important implications for other states currently confronting maritime disputes in Asia and elsewhere. First, the positive result may open the door to compulsory conciliation between other claimants to maritime disputes, even if the state in question has made an Article … Continue reading

Assessing the ASEAN-China Framework for the Code of Conduct for the South China Sea

Despite its shortcomings, ASEAN and China’s endorsement of the framework is a step forward in the two-decade long conflict management process for the South China Sea. Going forward, the framework will form the basis of negotiations between ASEAN and China on the COC. However, if past is prologue, this process is likely to be protracted and frustrating, especially for those Southeast Asian countries who are keen to have a legally binding, comprehensive and effective COC in place as quickly as possible. Continue reading

ASEAN’S Long March to a Code of Conduct in the South China Sea

If the past is prologue, China’s disregard for the Award and its continual militarization of its features in the South China Sea means that ASEAN’s Long March for a COC will remain a protracted one. Continue reading

Joint Statement of Australia-Japan-United States Trilateral Strategic Dialogue

Source: Australian Minister for Foreign Affairs  7 August 2017 The Ministers for Foreign Affairs of Australia, Julie Bishop, the Minister for Foreign Affairs of Japan, Taro Kono, and the Secretary of State of the United States, Rex Tillerson, met in Manila, the Philippines, on August 7, 2017, for the 7th ministerial meeting of the Trilateral Strategic … Continue reading

Consider Dedicated South China Sea Commission to Settle Disputes

Author: Donald R. Rothwell The Straits Times, 28 June 2017 The following is an excerpt of the article:  “The stalemate since the July 2016 Arbitral Award suggests the time is ripe for innovative diplomatic solutions. Could a dedicated South China Sea Commission be the answer? A 15-member commission with a mandate to facilitate mediation, conciliation and … Continue reading

Offshore Coral Reef Damage, Overfishing, and Paths to Peace in the South China Sea

Author: John W. McManus The International Journal of Marine and Coastal Law, Volume 32, Issue 2, 2017, pages 199 – 237 Abstract: Offshore coral reefs of the South China Sea are subject to complex overlapping sovereignty claims by up to six regional nations. Escalating tensions have led to widespread structural reinforcement of military outposts on many … Continue reading

China’s Big Three in the Spratlys Near Completion

By AMTI Updated 29 June 2017 New imagery shows that while China is keeping attention focused on its negotiations with Southeast Asian countries over basic principles to manage the South China Sea disputes, its construction of military and dual-use facilities on the Spratly Islands continues. New missile shelters, radar/communications facilities, and other infrastructure are going … Continue reading

Chairman’s Statement of the 30th ASEAN Summit

The following is an excerpt from Chairman’s Statement of the 30th ASEAN Summit in Manila on 29 April 2017 that focuses on the South China Sea issues: South China Sea 120. We reaffirmed the importance of maintaining peace, stability, security and freedom of navigation and over-flight in and above the South China Sea. We welcomed … Continue reading

Draft ASEAN-China Codes of Conduct (2000): Text and Analysis

Source: Thayer Consultancy 26 April 2017 On 15th March 2000, senior officials from China and ASEAN met in Thailand to discuss for the first time their respective draft codes of conduct for the South China Sea. ASEAN tabled a seven point code, while China put forth a document containing twelve points. The following is the … Continue reading

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