This tag is associated with 196 posts

Offshore Archipelagos Enclosed by Straight Baselines: An Excessive Claim?

Author: J. Ashley Roach Ocean Development and International Law April 2018 Abstract This article examines the conclusion in the decision of the Arbitral Tribunal in the South China Sea Case that straight baselines may not be used to enclose off-shore archipelagos unless they meet the criteria set out in Articles 46 and 47 of the Law of … 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

In the Wake of Arbitration – Papers from the Sixth Annual CSIS South China Sea Conference

Papers from the Sixth Annual CSIS South China Sea Conference Editors: Murray Hiebert, Gregory B. Poling, Conor Cronin January 25, 2017 The Center for Strategic and International Studies (CSIS) hosted its sixth annual South China Sea conference in July 2016. The conference provided four panels of highly respected experts from 10 countries with a first … 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

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

Implications of the July 2016 Arbitral Tribunal Ruling

Author: Nguyen Dang Thang National Asian Security Studies Program Issue Brief, Issue 1, No. 5.2 (2016) The following is an excerpt of the paper: Introduction For a considerable time now efforts to manage disputes and promote cooperation in the South China Sea have been inhibited by the lack of an equitably defined geography of disputed and … Continue reading

U.S. Secretary of State Nominee Tillerson on LOS Convention in 2012

By: Ocean Law News Rule of Law Committee for the Oceans 14 December 2016 With President-Elect Trump’s stated intent to nominate ExxonMobil Chairman and CEO Rex Tillerson to be his Secretary of State, this 2012 letter from Tillerson to Senators Kerry and Lugar is of particular interest to advocates for the Law of the Sea Convention. … Continue reading

Roundtable: The Arbitral Tribunal’s Ruling on the South China Sea – Implications and Regional Responses

Authors: Clive Schofield, Lowell Bautista, Nong Hong, Anne Hsiu-an Hsiao, Nguyen Thi Lan Anh, Prashanth Parameswaran, Evan Laksmana Contemporary Southeast Asia Vol. 38/3 (December 2016)   For this Roundtable, the Editors of Contemporary Southeast Asia asked seven leading experts on the South China Sea to consider the legal and geopolitical implications of the ruling six months … Continue reading

The South China Sea Arbitration

Author: Ted L. McDorman ASIL Insights, Volume 20, Issue 17 November 18, 2016 Introduction Since the 1970s, the South China Sea has been a nest of competing sovereignty claims over the island features and ocean spaces by a number of adjacent countries. Included in this is China’s nine-dash line, first officially communicated in notes verbale to the United … Continue reading

Filipino Fishermen Reportedly Harassed by Chinese Ships Near Scarborough Shoal

Compiled by Rosa Tran 27 September 2016 Filipino fishermen were reportedly harassed by Chinese Coast Guard in Scarborough Shoal recently despite a ruling in July by an arbitration tribunal granting access to Filipinos who traditionally fish there and calls by Philippine President Rodrigo Duterte for China to allow fishing in the area. In a report submitted … Continue reading

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