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U-Shaped Line and Maritime Delimitation

This category contains 36 posts

Testing the Waters: Charting The Evolution of Claims to and From Low-Tide Elevations and Artificial Islands under the Law of the Sea

By Clive Schofield and Richard Schofield Asia-Pacific Journal of Ocean Law and Policy 1 (2016) 37-67 Abstract Low-tide elevations [LTEs] and artificial islands have received less attention than islands ‘proper’. The article examines the evolution of the law of the sea applicable to such features, providing a contextual background for controversial contemporary state practice relating to their … Continue reading

Charmless, Offensive: Beijing’s Bogus South China Sea PR Campaign

By Bill Hayton The National Interest, May 16, 2016 There’s a new Chinese charm offensive underway in Southeast Asia. Two years after their uncharming offensive to drill for oil in waters disputed with Vietnam, and with their massive proto-military artificial islands almost complete, Beijing’s officials are trying to spread love. They’re trekking around the world … Continue reading

South China Sea: How We Got to This Stage

By Fu Ying, Wu Shicun May 15, 2016 >> Read a rejoinder by Bill Hayton on this article at https://seasresearch.wordpress.com/2016/05/18/charmless-offensive-beijings-bogus-south-china-sea-pr-campaign/ The South China Sea issue has become one of the major irritants in the China-US relations in recent years, over which the public opinion in the two countries are very critical of each other. There are even … Continue reading

Is the Nine Dash Line a Super-Sized Exclusive Economic Zone?

By Julian Ku Lawfare Blog, March 25, 2015 China opened up a new front for South China Sea conflict this week when one of its coast guard vessels collided with an Indonesian coast guard ship in the process of towing a captured Chinese vessel alleged to be engaged in illegal fishing. In a remarkably direct … Continue reading

The Right to Fish and International Law in the South China Sea

The Right to Fish and International Law in the South China Sea Leonardo Bernard Journal of Political Risk, Vol. 4, No. 1, January 2016 Summary One of the most important disputes that exist between states surrounding the South China Sea is over fishing rights, as most of the states bordering the South China Sea assert … Continue reading

The South China Sea: the evolving dispute between China and her maritime neighbours

The South China Sea: the evolving dispute between China and her maritime neighbours Robert Beckman GeomaticsWorld, Volume 21 (2013) The South China Sea is reputed to be resource-rich. As tensions rise in the region, Robert Beckman examines the stance of each maritime state in the context of the United Nations Convention on the Law of … Continue reading

Fact, Fiction and the South China Sea

It is no longer good enough for advocates of the Chinese claim to base their arguments on such baseless evidence. It is time that a concerted effort was made to re-examine the primary sources for many of the assertions put forward by these writers and reassess their accuracy. The resolution of the disputes depends on it – both in the courtrooms of The Hague and in the waters of the South China Sea. Continue reading

The Lost Dimension: Food Security and the South China Sea Disputes

The rationale for establishment of the Exclusive Economic Zone (EEZ) in the United Nations Convention on the Law of the Sea (UNCLOS) has profound implications for the maritime disputes in the South China Sea. The EEZ was created to ensure that coastal subsistence fishing communities had access to offshore fish stocks adjacent to their coast. Developing States joined with a handful of artisanal fishing States such as Iceland to propose a 200-mile zone to protect living marine resources from distant water fishing nations, such as Japan, the Soviet Union, and the United States. As 90 percent of all fish stocks are within 200 miles of shore, the EEZ was designed to safeguard a basic human right to food security. The human right to food security is the lost dimension of the maritime boundary disagreements in the South China Sea. Continue reading

The UN Convention on the Law of the Sea and the Maritime Disputes in the South China Sea

The UN Convention on the Law of the Sea and the Maritime Disputes in the South China Sea Robert Beckman The American Journal of International Law, Vol. 107, No. 1 (January 2013) The UN Convention on the Law of the Sea (UNCLOS) establishes a legal framework to govern all uses of the oceans. All of … Continue reading

China: Maritime Claims in the South China Sea

This study analyzes the maritime claims of the People’s Republic of China in the South China Sea, specifically its “dashed-line” claim encircling islands and waters of the South China Sea. Continue reading

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