Development and Settlement of Disputes

This category contains 48 posts

Handbook on the Peaceful Settlement of Disputes between States

Source: Office of Legal Affairs – Codification Division – United Nations (1992) Introduction By its resolutions 39/79 and 39/88 of 13 December 1984, the General Assembly requested the Secretary-General to prepare, on the basis of the outline elaborated by the Special Committee on the Charter of the United Nations and on the Strengthening of the … Continue reading

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

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

Joint Development or Permanent Maritime Boundary: The Case of East Timor and Australia

Author: Nguyen Hong Thao Maritime Awareness Project, 24 January 2017 The following are the excerpts of the article: On January 9, 2017, Australia and Timor-Leste (also known as East Timor) entered a new chapter in their maritime disagreement with the release of a trilateral joint statement (PCA 2016-10) signed by the two relevant parties and … Continue reading

South China Sea Strategies: Determining China’s Next Move in the Region

Author: Alexander L. Vuving Indo-Asia-Pacific Defense Forum, Volume 41, Issue 3, 2016: 26-31 Since 2014, the Spratly Islands have remained a large and unique construction site. Workers aboard dozens of Chinese vessels have been cutting coral and dredging sand to turn previously submerged reefs into artificial islands. In less than a year, they created more than … Continue reading

National Interests and the Role of Major and Middle Powers in the South China Sea: The Case of Indonesia

Author: Shafiah Muhibat NASSP Issue Brief Series Issue 1, No. 4.3 (2016) The following are excerpts of the paper: Though officially not a claimant state, Indonesia finds it difficult to turn its back on developments related to the South China Sea. Although consistently claiming itself to be outside of the disputes and playing the role as … Continue reading

Key Issues and Dilemmas for Brunei and Malaysia in the South China Sea Dispute

Author: Elina Noor & Thomas Daniel NASSP Issue Brief Series Issue 1, No. 2.1 (2016) Overview and focus In the wake of the tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea (UNCLOS) on the South China Sea dispute, there has been an increased – and some would argue … Continue reading

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