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Development & Settlement of disputes

This category contains 17 posts

China Should Uphold International Law to Win Support from Regional States

China Should Uphold International Law to Win Support from Regional States Carlyle A. Thayer People’s Daily Online How to Convince Regional States That China Has “Indisputable Sovereignty” Over the South China Sea? China’s top policy makers must have come to realize that China’s efforts to convince regional states that it has a firm claim to … Continue reading

Recent Trends in the South China Sea and U.S. Policy

Recent Trends in the South China Sea and U.S. Policy Author: Gregory B. Poling Tensions in the South China Sea have continued to build over the last year, with the Philippines submitting its evidence against Chinese claims to an arbitration tribunal, Beijing parking an oil rig in waters claimed by Vietnam, and Malaysia growing increasingly … Continue reading

Philippine perspective of South China Sea arbitration: What’s at stake in our case vs China?

What’s at stake in our case vs China? Philippine Supreme Court Senior Justice Carpio Our 1987 Constitution mandates: “The State shall protect the nation’s marine wealth in its xxx exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.” This is the mandate of the Constitution that we have all solemnly sworn … Continue reading

Presentation: The Philippines, China and International Law in the West Philippine Sea (South China Sea)

Presentation by Philippine Solicitor General Francis Jardeleza in the University of the Philippines Law center on Feb. 27, 2014. Source: Facebook group: Peaceful Resolution of Spratlys and Scaborough Concerns

The South China Sea: “Disputed waters” everywhere?

The South China Sea: “Disputed waters” everywhere? Huy Duong RSIS Commentary (2012) Synopsis Since 2011, the disputes over maritime space in the South China Sea have involved not only which country has sovereign and jurisdictional rights over an area, but also whether an area constitutes disputed waters. This is an important question that must be … Continue reading

Talks on legal aspects of the Fifth International South China Sea Workshop

From November 11th – 12th,  the Diplomacy Academy of Vietnam and the Vietnam Lawyers’ Association organized the Fifith South China Sea Workshop: Cooperation for Regional Security and Development. Below are the videos of sessions with topics on legal aspects of the South China Sea disputes. Session 4: International law, UNCLOS and the South China Sea http://www.youtube.com/watch?v=PXiqTcGchjYContinue reading

Viribus Mari Victoria? Power and Law in the South China Sea

Viribus Mari Victoria? Power and Law in the South China Sea Peter Dutton “Managing Tensions in the South China Sea” conference, CSIS, June 5-6, 2013 What is the role of international law in managing the disputes in the South China Sea? This question is really two-fold. The first part is what role, objectively speaking, can … Continue reading

Implications of recent incidents for China’s claims and strategic intent in the South China Sea (part 2)

Implications of recent incidents for China’s claims and strategic intent in the South China Sea (part 2) Scott Bentley The Strategist >>  China’s claims and strategic intent in the South China Sea (part 1) When discussing China’s South China Sea (SCS) strategy, it’s necessary to begin by asserting that there is in fact a strategy that’s … Continue reading

The Philippines’ Prospects at the UN Tribunal

The Philippines’ Prospects at the UN Tribunal Huy Duong cogitASIA – CSIS Asia House   On April 25 2013, Shunji Yanai, president of the International Tribunal for the Law of the Sea (ITLOS), appointed the final three of the five arbitrators to the tribunal adjudicating legal proceedings that the Philippines has brought against China relating … Continue reading

The Chinese view on the Philippine arbitration on the West Philippine Sea (South China Sea)

The Chinese view on the Philippine arbitration on the West Philippine Sea (South China Sea) Harry Roque* Participants to the recently concluded 4th biennial Conference of the Asian Society of International Law in New Delhi, India last November 15, 2017 heard for the first time the Chinese position on the Philippine arbitral claim on the … Continue reading

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