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Development and Settlement of Disputes

This category contains 43 posts

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

The South China Sea: A Challenging Test of the International Order

Author: Harry Krejsa NASSP Issue Brief Series [electronic resource] / Issue 1, No. 1.2 (2016) The following are excerpts of the paper: A central task of the rules-based international order is to address disputes equitably between states without resorting to force or coercion. This task is especially important when disputes involve states with stark power imbalances. … Continue reading

Rebalancing: Vietnam’s South China Sea Challenges and Responses

Author: Tran Truong Thuy National Asian Security Studies Program Issue Brief No. 2.3 December 2016 The following are excerpts of the paper: Introduction The South China Sea persists as the leading security and development challenge for Vietnam. In Hanoi’s view, the situation in the South China Sea affects almost all aspects of national security and … Continue reading

China’s Next Step in the South China Sea

Author: Malcolm Davis The Strategist, 21 July 2016 The findings of the South China Sea Arbitration conducted at The Hague refutes China claim of indisputable sovereignty, and invalidates the ‘nine-dash line’ as a mechanism to delineate that claim—a heavy defeat for China. As expected, China has rejected the ruling. So what’s Beijing’s next likely move? This … Continue reading

Sustainable and Sound: First Principles for Addressing Maritime Jurisdictional Issues and Disputes

Ian Townsend-Gault* Asia-Pacific Journal of Ocean Law and Policy 1 (2016) 11-36 Abstract This paper explores a number of diverse but closely inter-related topics relating to maritime jurisdiction. Assuming that two or more states which are party to such a dispute, certain inflexible principles apply. The point is made that the law of the sea … Continue reading

The South China Sea dispute and the Philippines Arbitration Tribunal: China’s policy options

Mincai Yu Australian Journal of International Affairs Volume 70, Issue 3, 2016 ABSTRACT The Philippines Arbitration Tribunal separately dealing with the jurisdiction over the South China Sea dispute is the continuance of the set practice by the United Nations Convention on the Law of the Sea’s Annex VII arbitral tribunals of bifurcation of proceedings, and … Continue reading

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