Search result for "UNCLOS"

  • 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.
  • UNCLOS Institutions And Their Roles
    UNCLOS Institutions And Their Roles

    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).
  • Malaysia’s New Game in the South China Sea
    Malaysia’s New Game in the South China Sea

    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.
  • Why Vanguard Bank and Why Now? Explaining Chinese Behavior in the South China Sea

    Category: Politics
    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 ...
  • ASEAN and Its Partners for Good Order at Sea: Problems and Proposals
    ASEAN and Its Partners for Good Order at Sea: Problems and Proposals

    Category: Politics
    This paper argues that only on a rule-based order enforced by appropriate measures can ASEAN and its partners achieve a peaceful and secure maritime environment that benefits all. To ensure safety and security amid the shifting balance of power and mounting non-traditional threats, seafarers need legal instruments such as UNCLOS signed in, a prospective regional COC between ASEAN and China, and more relevant regional institutions.
  • 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 ...
  • 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 ...
  • Playing by the rules in Asia
    Playing by the rules in Asia

    Category: Politics
    In Australia’s case, this means thinking again about some of our efforts to limit our exposure to the International Court of Justice and certain dispute-resolution mechanisms under UNCLOS. In this imperfect world, there is considerable tolerance for all sorts of imperfect behavior.
  •  Effective Code Of Conduct For Incorporate
    Effective Code Of Conduct For Incorporate

    The agreement gave partial effect to islands and reduced maritime entitlements. The states’ overlapping EEZs in the area were given less than the maximum 200 nautical miles prescribed in UNCLOS. Further, Vietnam’s Bach Long Vi and Con Co Islands were given 25 percent and 50 percent effectAlthough the “partial effects” precedent can mitigate that complexity and narrow the scope of disputed zones, the fact remains that China would need to muster significantly greater political courage to even begin talks that might touch upon its “indisputable” sovereignty claims over features in the South and East China Seas.
  • Spoke-To-Spoke Alliances Japan Incorporates
    Spoke-To-Spoke Alliances Japan Incorporates

    Category: Flashpoints
    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 
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