DOC and COC - Best Path to Keep Waters Calm

DOC and COC - Best Path to Keep Waters Calm

By Wu Shicun
March 3, 2023
This year marks the 20th anniversary of the signing of the DOC, a special year for China and ASEAN countries who are committed to peace and stability as well as maritime cooperation in the South China Sea. Taking this as an opportunity, they need to review their experience and learn lessons. Starting with building consensus and enhancing mutual trust, they need ...
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The South China Sea Arbitration Award:

The South China Sea Arbitration Award: "A victory for all"

By Nguyen Hong Thao, Nguyen Thi Lan Huong
July 22, 2021
It is conceivable that the South China Sea Arbitral Award will continue to be a helpful guide leading the concerned parties to develop a viable rules-based order in the South China Sea, rather than allowing the region to become a 'might makes ...
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China’s Coast Guard Law: Japan’s Legal Approach

China’s Coast Guard Law: Japan’s Legal Approach

By Ho Hong Hanh
May 31, 2021
China announced its new Coast Guard Law containing worrisome provisions that need further clarification. Japan, a prominent claimant in the East China Sea, feels threatened by this law.  
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Assessing China’s Crop Success in the South China Sea

Assessing China’s Crop Success in the South China Sea

By Hoang Do
July 30, 2020
China recently announced that it had successfully cultivated vegetables on Woody Island to meet food demand. But this crop serves more than a nutritional purpose.
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Indonesian Awakening: No South China Sea Negotiation with China

Indonesian Awakening: No South China Sea Negotiation with China

By Nguyen Hong Thao
June 26, 2020
Any country that does not make a drastic response to the Chinese claims right from the start, will one day become a victim.
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U.S. joins the battle of South China Sea diplomatic notes

U.S. joins the battle of South China Sea diplomatic notes

By Nguyen Hong Thao
June 10, 2020
The US communication added a voice to the common position of Vietnam, Malaysia, Philippines and Indonesia on consideration of UNCLOS as the sole legal basis for defining, in a comprehensive and exhaustive manner, the scope of their respective maritime entitlements in ...
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Viet Nam’s Note Verbale No.22/HC-2020: A Commentary

Viet Nam’s Note Verbale No.22/HC-2020: A Commentary

By Vo Ngoc Diep
May 7, 2020
The note seems to indicate, for the first time, an official Vietnamese position on the legal status of all high-tide features in both the Spratly and Paracel Islands. It implies that all high-tide features in the Spratly Islands, as well as in ...
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The “Four-Sha” Claim:  Signalling a Post Covid-19 Global Order

The “Four-Sha” Claim: Signalling a Post Covid-19 Global Order

By Quach Thi Huyen
November 26, 2020
"Four-Sha" is a lens through which Chinese long-term ambitious claims over the South China Sea is fully exposed.  The current global health crisis provides a window of opportunity for the realisation of Chinese lofty hegemonic dream. While the international community may ...
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Extended Continental Shelf: A Renewed South China Sea Competition

Extended Continental Shelf: A Renewed South China Sea Competition

By Nguyen Hong Thao
April 17, 2020
The 2019 Malaysian partial CLCS submission renewed the legal exchanges over the South China Sea. Most of the claimants, except China and Brunei, through their statements and actions, expressed acceptance and support for the 2016 Tribunal Award.   
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A Short History of China’s Fishing Militia  and What it May Tell Us

A Short History of China’s Fishing Militia and What it May Tell Us

By Derek Grossman and Logan Ma
April 6, 2020
If history is a good indication of what to expect in the future, then Beijing is likely to double down on the Maritime Militia in virtually any scenario imaginable. That means it should be a force to be reckoned in the ...
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Did Vietnam’s Maritime Militia Really Swarm a China Military Base

Did Vietnam’s Maritime Militia Really Swarm a China Military Base

By Do Thanh Hai
March 18, 2020
Though recent allegations raise more questions than they provide answers, they should reinforce the need for greater transparency in the South China Sea.
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China's Maritime Militia: A Legal Point of View

China's Maritime Militia: A Legal Point of View

By Koki Sato
March 12, 2020
The international community should better understand how potential aggressors can leverage the ambiguity for low-level armed attack or aggression and be prepared to clearly identify it as an internationally wrongful act.
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Scarborough Shoal: Debunking Historical Myths

Scarborough Shoal: Debunking Historical Myths

By Ulises Granados
December 22, 2019
As it might be difficult for China and the Philippines to defend their official claims over Scarborough as their own territory before the 20th century in an international court, both countries should engage in constructive negotiations over joint development. This is ...
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Malaysia’s New Game in the South China Sea

Malaysia’s New Game in the South China Sea

By Nguyen Hong Thao
December 21, 2019
The submission by Malaysia represents a positive step forward for coastal states in the SCS to clarify their claims and seriously discuss maritime delimitation in accordance with UNCLOS and the interpretation of its article 121 (3) by the 2016 Tribunal Award.
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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 ...
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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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