25th Anniversary of UNCLOS 1982 and  its Implementation in Vietnam

25th Anniversary of UNCLOS 1982 and its Implementation in Vietnam

By Nguyen Hong Thao
November 26, 2019
The United Nations Convention on the Law of the Sea (UNCLOS) is one of the most important achievements of international law and the UN in the 20th century and continues to assert its role as the "Constitution of the Seas and Oceans" in the 21st century. This article will highlight some main achievements of the implementation of the UNCLOS and its ...
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Coercive tactics: China, Turkey and International Law

Coercive tactics: China, Turkey and International Law

By Constantinos Yiallourides
August 9, 2019
Energy exploration by China and Turkey within the national waters of other nations is contrary to international law – it is upon the international community to steer recalcitrant states towards obedience.  
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The South China Sea Arbitral Award: Not ‘Just a Piece of Paper’

The South China Sea Arbitral Award: Not ‘Just a Piece of Paper’

By Lan Nguyen
August 7, 2019
As long as the claimant states continue to stand up to China’s excessive claims and defend their legitimate claims endorsed by the arbitral award, and as long as other states around the world do not turn a blind eye to the ...
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China’s Misstep in the South China Sea

China’s Misstep in the South China Sea

By Luc Anh Tuan
July 24, 2019
While China can gain some ground in short term by flexing its muscle, it would risk greater backlash from its neighbors and collective actions from the international community in the long run. China should not interpret regional countries’ patience and restraint ...
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Pondering Chinese actions in Vanguard Bank

Pondering Chinese actions in Vanguard Bank

By Swee Lean Collin Koh
July 22, 2019
Unless there is a firm international response against Chinese actions in Vanguard Bank, there could be similar repeats in the coming years simply because Beijing realises to its glee that coercion pays. It will thereby embolden not only China, but other ...
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China's planned floating nuclear power facilities in South China Sea: Technical and Political Challenges

China's planned floating nuclear power facilities in South China Sea: Technical and Political Challenges

By Viet Phuong Nguyen
November 21, 2018
The operation of the fleet of Chinese floating nuclear power plants in the South China Sea carries with it numerous safety and security risks that may have widespread consequences to not only China but also to Southeast Asia and beyond.
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A Japanese Perspective of South China Sea Order

A Japanese Perspective of South China Sea Order

By Hideshi Tokuchi
August 22, 2018
East Asia is a huge seascape. As a result, the sea’s connecting power is of a priceless importance to the entire region. The rules-based international maritime order is in everyone’s interest, including Japan.
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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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Prepare for a Stormy 2017 in the South China Sea

Prepare for a Stormy 2017 in the South China Sea

By Gregory Poling
January 17, 2017
The desire to see Chinese diplomatic softening as a sign of a new status quo is understandable, and it is important that the door be left open for Beijing to deescalate. But China’s recent behavior should be seen as the best ...
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Middle Powers and  the South China Sea: Time to Step Up, or Step Out?

Middle Powers and the South China Sea: Time to Step Up, or Step Out?

By Andrew O’Neil
December 31, 2016
The decision in July 2016 by a special tribunal of the Permanent Court of Arbitration to dismiss the legitimacy of China’s expansive territorial claims in the South China Sea has raised significant questions about how this issue should be managed in ...
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De-combatising the Spratly Disputes

De-combatising the Spratly Disputes

By You Ji
December 31, 2016
The possibility of standoffs among the Spratly disputants and especially between China and the US may have increased with the ruling of the Arbitral Tribunal on 12 July 2016. The award has invalidated Beijing’s basis for Spratly patrols based on the ...
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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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