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The Philippine Claim To Bajo De Masinloc In The Context Of The South China Sea Dispute, Lowell Bautista
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 (Archive)
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 …
What's At Stake In The South China Sea? Geographical And Geopolitical Considerations, Clive Schofield
What's At Stake In The South China Sea? Geographical And Geopolitical Considerations, Clive Schofield
Faculty of Law, Humanities and the Arts - Papers (Archive)
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 Sea. …
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
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 (Archive)
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
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 (Archive)
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.
Increasingly Contested Waters? Conflicting Maritime Claims In The South China Sea, Clive Schofield
Increasingly Contested Waters? Conflicting Maritime Claims In The South China Sea, Clive Schofield
Faculty of Law, Humanities and the Arts - Papers (Archive)
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 …