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Faculty of Law, Humanities and the Arts - Papers

2013

China

Articles 1 - 6 of 6

Full-Text Articles in Law

Complicating The Complex: China's Adiz, Lowell Bautista, Julio Amador Iii Jan 2013

Complicating The Complex: China's Adiz, Lowell Bautista, Julio Amador Iii

Faculty of Law, Humanities and the Arts - Papers

In a move that further escalated tension in the region, China’s announcement of an Air Defense Identification Zone (ADIZ) in the East China Sea, elicited strong protests from the United States, Japan, and South Korea. The Chinese ADIZ includes airspace over the Diaoyu/Senkaku Islands claimed by both China and Japan and requires that aircraft entering its ADIZ must report flight information to Chinese authorities, otherwise, “China’s armed forces will adopt defensive emergency measures to respond to aircraft that do not cooperate in the identification or refuse to follow the instructions.” These measures are clearly provocative, contrary to ...


Factors Conducive To Joint Development In Asia -Lessons Learned For The South China Sea, Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport, Leonardo Bernard Jan 2013

Factors Conducive To Joint Development In Asia -Lessons Learned For The South China Sea, Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport, Leonardo Bernard

Faculty of Law, Humanities and the Arts - Papers

Joint development in the South China Sea has been suggested as a solution to the Spratly Islands disputes since the 1980s. China was one of the earliest proponents of ‘setting aside the dispute and pursuing joint development’. The South China Sea Workshops on Managing Potential Conflicts in the South China Sea discussed joint development but ran into a number of obstacles, notably because of longstanding sensitivities over sovereignty issues and conflicting maritime claims. Consequently, the Workshops sought to focus on less contentious issues such as cooperation on marine biodiversity and the safety of navigation. Through this non- confrontational, non-binding and ...


Moving Forward On Joint Development In The South China Sea, Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport, Leonardo Bernard Jan 2013

Moving Forward On Joint Development In The South China Sea, Robert Beckman, Clive Schofield, Ian Townsend-Gault, Tara Davenport, Leonardo Bernard

Faculty of Law, Humanities and the Arts - Papers

The examination of the factors that facilitated the conclusion of joint development arrangements in Asia in Chapter 11 has demonstrated that there remain considerable obstacles before joint development in the South China Sea can be discussed in a serious and meaningful manner. The following recommendations set out steps which the claimants and, in certain circumstances, other relevant stakeholders, can take to move towards a situation where joint development is a feasible dispute settlement option.


The Philippine Claim To Bajo De Masinloc In The Context Of The South China Sea Dispute, Lowell Bautista Jan 2013

The Philippine Claim To Bajo De Masinloc In The Context Of The South China Sea Dispute, Lowell Bautista

Faculty of Law, Humanities and the Arts - Papers

The Philippine claim to Bajo de Masinloc, otherwise referred to as Scarborough Shoal, finds solid basis in international law. The territorial claim of the Philippines over Bajo de Masinloc is strong relative to the claim of China as well as with respect to the principles on the acquisition of territory in international law, in particular, on the basis of effective occupation. The sovereign rights and jurisdiction asserted by the Philippines over the maritime entitlements of the features in Bajo de Masinloc are founded on principles of international law and consistent with the United Nations Convention on the Law of the ...


Increasingly Contested Waters? Conflicting Maritime Claims In The South China Sea, Clive Schofield Jan 2013

Increasingly Contested Waters? Conflicting Maritime Claims In The South China Sea, Clive Schofield

Faculty of Law, Humanities and the Arts - Papers

The South China Sea is host to a complex coastal geography, numerous sovereignty disputes over islands featuring multiple claimants, excessive and controversial claims to baselines, confl icting and overlapping claims to maritime jurisdiction and, most recently, contested submissions regarding extended continental shelf rights. The objective of this paper is to review and analyse these issues from spatial, legal and geopolitical perspectives. An overview and assessment of the geographical and geopolitical factors that inform and underlie the South China Sea disputes is offered prior to the claims of the littoral states to baselines and maritime zones being assessed. Maritime boundary agreements ...


What's At Stake In The South China Sea? Geographical And Geopolitical Considerations, Clive Schofield Jan 2013

What's At Stake In The South China Sea? Geographical And Geopolitical Considerations, Clive Schofield

Faculty of Law, Humanities and the Arts - Papers

The South China Sea ranks among the most geographically and geopolitically complex ocean spaces in the world. It certainly appears to have been one of its most vigorously contested, featuring multiple, longstanding and competing territorial and maritime jurisdictional claims. The objective of this chapter is to provide the geographical and geopolitical background to the frequently conflicting national maritime claims made by the South China Sea littoral States. This exercise is designed to provide the necessary contextual backdrop to considerations of the application of maritime joint development mechanisms and/or other provisional arrangements of a practical nature in the South China ...