Search result for "Law"

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.  

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 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. 

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 of regional dominance, China seeks dominance over the South China Sea, making it a ‘Chinese Caribbean.’

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 ...

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.

The work to develop legally binding measures to reduce air pollution from ships was an invitation in accordance to Article 212 of the United Nations Convention on the Law of the Sea, 1982 (UNCLOS), resolution A.719(17). As a result, IMO made a decision to include the regulation on energy efficiency for ships in the MARPOL Annex VI where it stipulates the requirements on the Energy Efficiency Design Index (EEDI) and the Ship Energy Efficiency Management Plan (SEEMP). This regulation came into force in 2013

With the theme “40th Anniversary of UNCLOS: Promoting maritime cooperation in South East Asia”, the 8th Ocean Dialogue seeks to discuss maritime issues of common concern in the South East Asia region, promote common understanding of UNCLOS, and explore potential maritime cooperation. The Dialogue will be participated by international experts and scholars in maritime and law of the sea issues, diplomatic missions in Hanoi, and representatives of relevant ministries, government agencies, and research institutions from Southeast Asian countries and beyond. Co-organizers: The Diplomatic Academy of Vietnam (DAV), the Konrad Adenauer Stiftung (KAS) office, and Australian Embassy in Hanoi  

South China Sea is the subject of interests far beyond the littoral states, for what happens in the South China Sea would have deep consequences elsewhere. Most states also clearly indicate preference to lawfare to other means of contestation, because a rules-based Indo-Pacific is in the interests of all.

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.

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.

During the course of my recent discussions with Vietnamese interlocutors, one question has recurred: after a period of prolonged quiet in Vietnam-China relations in the South China Sea (SCS), why has Beijing all of a sudden decided to take a stand at Vanguard Bank? And one could easily further ask why at the same time Beijing opened a new front by conducting a major military exercise at the Paracel Islands? I think there are several components to answering these questions. First, although Vanguard Bank represents the worst Vietnam-China tensions in the SCS since the Haiyang Shiyou 981 oil rig standoff in May ...

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”.

In a snap shot, 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 as signs of weakness and accommodation but gestures of goodwill to prompt second, constructive thinking. After all, its unlawful activities will soon meet up with resistance from directly involved nations. Futhermore, overplaying its hand would eventually prompt strategic realignments across the board to weaken its power foundation.

The Diplomatic Academy of Vietnam (DAV), the Foundation for East Sea Studies (FESS), and the Vietnam Lawyers’ Association (VLA) are pleased to host the 10th South China Sea International Conference: “Cooperation for Regional Security and Development” on November 8-9, 2018 in Da Nang, Viet Nam.  

Expanding the Code for Unplanned Encounters at Sea, which was signed between 21 navies during the Western Pacific Naval Symposium in Qingdao back in April 2014, to maritime law enforcement agencies, irregular maritime forces and submarines appears a more practical way forward to ameliorate the risks of maritime forces buildup in the Asia-Pacific.

The 9th South China Sea International Conference: “Cooperation for Regional Security and Development” hosted by the Diplomatic Academy of Vietnam (DAV), the Foundation for East Sea Studies (FESS) and the Vietnam Lawyers’ Association (VLA) took place at Ho Chi Minh City on 27-28 November, 2017.  

The Diplomatic Academy of Vietnam (DAV), the Foundation for East Sea Studies (FESS) and the Vietnam Lawyers’ Association (VLA) are pleased to host the 9th South China Sea International Conference: “Cooperation for Regional Security and Development” on 27-28 November 2017 in Ho Chi Minh City, Viet Nam.

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 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).

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 in general, and Indonesia more in particular.  

This session focuses on the interactions and coordination between various forces operating in the South China Sea, including naval, air and law enforcement forces of claimant and user states of the sea. Speakers are asked to address operational and legal issues and rules of engagement (ROE), as well as questions on how to avoid and manage incidents and how to promote information sharing and cooperation in dealing with maritime threats in the South China Sea. They are also expected to explore ideas and suggestions on practical measures for regional stakeholders to utilize in order to avoid and manage incidents that might ...

Over the last eight years, the series of the annual South China Sea Conferences organised by the Diplomatic Academy of Vietnam, Vietnam Lawyers Association, and Foundation for East Sea Studies (FESS) has contributed greatly to the scholarship on the South China Sea. 

SESSION 5: International Law, UNCLOS and the Arbitral Tribunal Determination: Retrospect and Prospects

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 under Annex VII of the United Nations Convention on the Law of the Sea (LOSC),[2] having been initiated by the Philippines.[3] The Permanent Court of Arbitration in The Hague acted as the registry for the case and venue for hearings.[4] China, for its part, returned the Philippines’ notification of its claims, argued that the Tribunal lacked jurisdiction to hear the case, and has rejected the Tribunal’s Award.[5] The ...

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 ...

The Diplomatic Academy of Vietnam (DAV), Foundation for East Sea Studies (FESS) and the Vietnam Lawyers’ Association (VLA) are pleased to host the 7th South China Sea International Conference: “Cooperation for Regional Security and Development” on 23-24 November 2015 in Vung Tau city, Viet Nam.

The Diplomatic Academy of Vietnam (DAV), Foundation for East Sea Studies (FESS) and the Vietnam Lawyers’ Association (VLA) are pleased to host the 7th South China Sea International Conference: “Cooperation for Regional Security and Development” on 23-24 November 2015 in Vung Tau city, Viet Nam.

UNCLOS provided guidelines, but was not determinative. The conclusive round of Sino-Vietnamese negotiations (1992-2000) was facilitated by the parties’ informal agreement in 1993 that the United Nations Convention on the Law of the Sea (UNCLOS) would furnish the basic principles to be applied to resolving maritime boundary disputes. They also agreed that international practice, equity, and relevant circumstances would be given appropriate weight in negotiations. The parties did not use their respective interpretations 

China has been deliberately ambiguous about its claims to waters in the South China Sea. Although it has not specified exactly what its claim is around each of the built-up rocks or low-tide elevations in the Spratlys, China’s 1992 law on the territorial sea claims 12-nautical-mile territorial waters from all Chinese territory without distinction. In addition, the Chinese foreign ministry has implied that China claims territorial sovereignty over waters and airspace surrounding submerged reefs. In a statement on October 9, a foreign ministry spokesperson said that China does not “condone infringement of China’s territorial sea and airspace by any 

FON operations are not primarily about military deterrence or diplomatic messaging, though in a politically charged atmosphere like the South China Sea those play a role. At its root, FON operations are legal exercises to reinforce the United States’—and in this case the overwhelming majority of the international community’s—interpretations of international maritime law. T

Philippines’ approach took China by surprise. Beijing is by no means prepared to settle the South China Sea disputes through legal means. Chinese foreign policy elites are not convinced that the arbitration is about legal contestations between the Philippines and China at all. Many of them firmly believe that Washington has been heavily involved from the beginning, and that Manila initiated the case to provoke and put political pressure on Beijing. These elites point to the coincidental timing of various decisions by the tribunal and U.S. activities in the Asia Pacific. Chinese maritime lawyers claim that there are numerous weaknesses and ...

-(Vnexpress 18/1) Trung Quốc cảnh cáo phi cơ Philippines bay trên Biển Đông đang "đe dọa an toàn" các cơ sở của Trung Quốc; Philippines tính lắp thiết bị triệu đô theo dõi bay trên Biển Đông -(Thanhnien 18/1) Philippines xây căn cứ quân sự ở Biển Đông cho Mỹ thuê: Căn cứ quân sự ở vịnh Oyster được xây dựng như căn cứ “Subic nhỏ” của Mỹ trước đây ở Palawan; Tàu chiến Trung Quốc tập trận bắn đạn thật ở Biển Đông

-(The Diplomat 22/12) The Strategist, the Lawyer and the South China Sea: Understanding law and politics in contested waters. - (Ibtimes 22/12) Japan Spots Armed Chinese Ships Patrolling Senkaku Islands: The sighting is likely to add tension to the already strained Tokyo-Beijing diplomatic relationship, which has suffered as a result of China's claims over island chains and territorial waters in the region. The sighting is likely to add tension to the already strained Tokyo-Beijing diplomatic relationship, which has suffered as a result of China's claims over island chains and territorial waters in the region.

The BBC-chartered aircraft flew 140 nautical miles (about 160 miles) from Palawan Island in the Philippines until it came within 12 nautical miles of Mischief Reef, according to the video.