The South China Sea one year after Arbitral Award:  The Calm before the Storm?

The South China Sea one year after Arbitral Award: The Calm before the Storm?

By Nguyen Thi Lan Anh
July 17, 2017
Although the South China Sea award has brought much clarity to the scope of the disputes and opened possibilities for peaceful dispute management, the situation in the South China Sea in the past year tends to tell a different story.  
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UNCLOS Institutions And Their Roles

UNCLOS Institutions And Their Roles

By Helmut Tuerk
February 28, 2017
The 1982 United Nations Convention on the Law of the Sea (UNCLOS) established three institutions: the International Tribunal for the Law of the Sea (ITLOS), the International Seabed Authority (ISA) and the Commission on the Limits of the Continental Shelf (CLCS).
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The Potential Utility of International Law in Conflict Mitigation and Resolution in the South China Sea

The Potential Utility of International Law in Conflict Mitigation and Resolution in the South China Sea

By Bing Ling
December 29, 2016
The conflicts in the South China Sea have a substantial legal dimension. The disputes over territorial sovereignty and maritime rights are classical subjects of international law. UNCLOS provides a comprehensive framework of international rules on the maritime claims of the riparian ...
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Japan’s National Interests in the South China Sea: FON, the Rule of Law, and Nuclear Deterrence

Japan’s National Interests in the South China Sea: FON, the Rule of Law, and Nuclear Deterrence

By Tetsuo Kotani
December 29, 2016
The great geostrategist Nicholas Spykman once described the South China Sea as the ‘Asiatic Mediterranean’ to emphasise its importance in Asian geopolitics. Just as the Roman Empire sought control over the Mediterranean and the United States over the Caribbean in pursuit ...
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Maritime Cooperation and Ocean Governance

Maritime Cooperation and Ocean Governance

By Hasjim Djalal
November 29, 2016
This article primarily looks at the United Nations Convention on the Law of the Sea to give content to the notions of maritime cooperation and ocean governance. It indicates certain areas of tension and specifically focusses on the South China Sea ...
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International Law and the South China Sea

International Law and the South China Sea

November 15, 2016
This session assesses the utility of international law in managing and resolving the South China Sea disputes in the post-award context of the Philippines-China arbitration case at the Arbitration Tribunal set up under Annex VII of the UNCLOS. Arguably the long-awaited ...
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The South China Sea Case and the Potential Utility of International Law for Conflict Mitigation and/or Resolution

The South China Sea Case and the Potential Utility of International Law for Conflict Mitigation and/or Resolution

By Douglas Guilfoyle
November 14, 2016
Even absent obvious paths towards joint development mechanisms in light of the South China Sea award the case has furthered the legalisation of the dispute, which helps contains the likelihood of military confrontation.
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Law Of The Sea And Ocean Governance In Southeast Asia:  Comparative Lessons From Europe On Pragmatism And Principle

Law Of The Sea And Ocean Governance In Southeast Asia: Comparative Lessons From Europe On Pragmatism And Principle

By Ronan Long
November 14, 2016
One of the most pressing challenges in contemporary law of the sea relates to how best to reconcile the increased assertion by States of territorial sovereignty over offshore geographical features with the corresponding curtailment of navigation freedoms.
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Clarification And Refinement Of The Rules And Methods For Maritime Delimitation Through The Precedents Of International Courts And Tribunals

Clarification And Refinement Of The Rules And Methods For Maritime Delimitation Through The Precedents Of International Courts And Tribunals

By Mariko Kawano
November 3, 2016
As far as the multilateral nature of disputes concerning maritime delimitation, the international community may be required to examine its means for settling those disputes.
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The Legal Regime of Maritime Areas and the Waning Freedom of the Seas

The Legal Regime of Maritime Areas and the Waning Freedom of the Seas

By Helmut Tuerk
November 14, 2016
The freedom of navigation continues to be a core element of the freedom of the seas, but the rate of erosion of this freedom has undoubtedly accelerated in recent years.
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The Enigma of Article 121, Paragraph 3: The Way Forward?

The Enigma of Article 121, Paragraph 3: The Way Forward?

By Erick Frankx
November 14, 2016
The legal regime of islands has only stirred international attention since the creation of the exclusive economic zone and the delineation of the continental margin beyond 200 nautical miles offshore. 
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