historic rights

This tag is associated with 16 posts

First Reactions to the Philippines v China Arbitration Award Concerning the Supposed Historic Claims of China in the South China Sea

Author: Clive R. Symmons Asia-Pacific Journal of Ocean Law and Policy 1 (2016) 260-267 Judging from the conferences I have already attended on the Award on the Merits of the Arbitral Tribunal in the case of Philippines v China (2016), the Tribunal’s award has already received much critical comment from many international lawyers. However this may … Continue reading

Legal and Geographical Implications of the South China Sea Arbitration

Author: Clive Schofield National Asian Security Studies Program Issue Brief, Issue 1, No. 5.1 (2016) The following are excerpts of the paper: Introduction On 12 July 2016 the Arbitral Tribunal in in the case between the Philippines and China delivered its Award, following its earlier 29 October 2015 Award on Jurisdiction and Admissibility.[1] The Tribunal was constituted … Continue reading

China Claims Historic Rights in the South China Sea

The following is remarks by China’s Foreign Ministry spokesperson Hong Lei at a regular press conference on July 7, regarding the South China Sea arbitration case initiated by the Philippines. Q: The arbitral tribunal in charge of the South China Sea arbitration case initiated by the Philippines will deliver a final ruling in a couple of … Continue reading

China Coast Guard aids fishermen to encroach into Malaysia waters

By Kyodo News, 29 March 2016 Malaysia’s maritime authority said Tuesday Chinese Coast Guard vessels escorted 100-odd Chinese fishing trawlers into Malaysia’s territorial waters near Luconia Shoals in the South China Sea last week. “It is unprecedented. This is the first time,” Malaysia Maritime Enforcement Agency Director General Admiral Ahmad Puzi Abdul Kahar told reporters … Continue reading

More than 100 Chinese vessels spotted in Malaysian waters

By Bernama & Reuters KUALA LUMPUR: More than 100 Chinese boats and ships were found to have trespassed into Malaysian waters in the South China Sea near Beting Patinggi Ali. Minister in the Prime Minister’s Department Datuk Seri Shahidan Kassim said the government had ordered the Malaysian Maritime Enforcement Agency to monitor the area following … Continue reading

South China Sea fishing activities proof of China’s maritime rights: official

Reporting by Megha Rajagopalan; Editing by Clarence Fernandez Reuters March 7, 2016 China’s fishermen operating in the South China Sea give proof of the country’s maritime rights and interests, a government official said on Monday, referring to ships on the frontlines of China’s push to assert its claims in disputed waters. China has come under … 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

Vietnam submits its position to Permanent Arbitration Court on the Philippines’ arbitration case against China

“To protect its legal rights and interests in the East Sea which may be affected in the South China Sea Arbitration case, Viet Nam has expressed its position to the Tribunal regarding this case, and requested the Tribunal to pay due attention to the legal rights and interests of Viet Nam.” Continue reading

A Legal Analysis of China’s Historic Rights Claim in the South China Sea

Originally posted on South China Sea:
A Legal Analysis of China’s Historic Rights Claim in the South China Sea Florian Dupuy and Pierre-Marie Dupuy The American Journal of International Law, Vol. 107, No. 1 (January 2013) The recent turmoil created by the competing sovereignty claims of several countries over islands and waters in the South China…

The Effect of Historic Fishing Rights In Maritime Boundaries Delimitation

Originally posted on South China Sea:
The Effect of Historic Fishing Rights In Maritime Boundaries Delimitation Leonardo Bernard Research Fellow, Centre for International Law National University of Singapore I. Introduction When the Exclusive Economic Zone (EEZ) regime was established by the Third United Nations Conference of the Law of the Sea (UNCLOS III) it created…

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