Search result for "International Law"

  • Coercive tactics: China, Turkey and International Law

    Category: Politics
    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  
  • 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

    Category: Working Papers
    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 States and the use of the South China Sea by nations generally. The compulsory dispute settlement system under the UNCLOS envisages an effective and rule-based process for mitigating and resolving maritime conflicts. 
  • International Law and the South China Sea
    International Law and the South China Sea

    Category: Videos
    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 award that has surprised most, if not all, international observers has also changed the legal status quo in the South China Sea. What are the implications of the arbitration award for the South China Sea situation going forward? How might the Tribunal’s assessment of evidence, reasoning and conclusion in the Philippines-China case affect the claims of the parties directly involved ...
  • Will German ship’s South China Sea presence undermine regional security as China says?
    Will German ship’s South China Sea presence undermine regional security as China says?

    Category: Security
    Germany's plan to deploy naval ship in the Indo-Pacific does not change its neutral position in the South China Sea dispute, is a careful practice of international law, and therefore will not erode regional stability nor any littoral country's sovereignty as China might have suggested.
  • 25th Anniversary of UNCLOS 1982 and its Implementation in Vietnam

    On November 16, 2019, the world celebrated the 25th anniversary of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). The Convention is one of the most important achievements of international law and the United Nations 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 significance to Vietnam’s maritime strategy of sustainable development and the peaceful settlement of the disputes in the Bien Dong sea.
  • The South China Sea arbitral award: Not ‘just a piece of paper’

    Category: Politics
    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 situation and continue to voice their objections to activities in violation of international law, the arbitral award could be considered to have impact and not “just a piece of paper”.
  • China and the rules of engagement in Antarctica
    China and the rules of engagement in Antarctica

    Category: Commentary
    Chinese repudiation of the rule of law in the Philippines v. China case resulted in, among other things, speculation about the country’s perceived – or real – interests and activities in Antarctica, where Australia has significant investment, and where respecting the rules of engagement with international law is paramount.
  • The South China Sea in the Broader Maritime Security of the Indo-Pacific 2016_SESSION 5

    Category: Videos
    SESSION 5: International Law, UNCLOS and the Arbitral Tribunal Determination: Retrospect and Prospects
  • The Enigma of Article 121, Paragraph 3: The Way Forward?

    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. As these are both rather novel concepts in the law of the sea, this in fact means that the Third United Nations Conference on the Law of the Sea (UNCLOS III; 1973-1982) proved to be a turning point in this respect. At UNCLOS III States agreed that a differentiation should be made amongst islands in order to prevent that excessive small features should generate the same kind of maritime rights as ...
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