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| 1 |
ID:
101595
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| Publication |
2010.
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| Summary/Abstract |
Article 121(3) of the United Nations Convention on the Law of the Sea states that "Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf." If any of the geographical features situated in the Pacific Ocean are considered "rocks" that fail the tests of habitation or economic viability, they will not be entitled to their own 200 nautical mile exclusive economic zone and continental shelf. However, the paragraph and the tests contained in the article give rise to various questions of interpretation, which have become one of the main sources of maritime disputes between the countries concerned. This article examines the interpretation and possible application of Article 121 to five selected insular features that are situated in the Northern, Eastern and Western Pacific Ocean, namely Baker Island, Howland Island, Clipperton Island, Douglas Reef (Okinotorishima) and Marcus Island (Minamitorishima).
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| 2 |
ID:
122193
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| Publication |
2013.
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| Summary/Abstract |
This article examines the impact of the UN Law of the Sea Convention on conflict behavior and management in the South China Sea during four periods: during its negotiation (1973-1982); from its signing to the entry into force (1982-1994); from then until the China-ASEAN Declaration on the Conduct of Parties in the South China Sea (1995-2002); and from the setting of a timeline for outer limits of continental shelf submissions to the events following the 2009 submissions (2003-2013). Ambiguous effects were found. On the one hand, the Convention has generated or exacerbated conflict by raising the stakes, failing to resolve key legal issues, and encouraging overlapping zone claims. On the other hand, it has provided obligations, language, and techniques for conflict management and resolution. The conflict-enhancing impact was found to have been more substantial than the peace-promoting effects. Nevertheless, the balance has shifted toward more emphasis on conflict management and also some utilization of the Convention's peacemaking potential. If this long-term trend continues and the Convention is more rigorously respected and applied, the Convention may in the end be found to have contributed to regional peace.
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| 3 |
ID:
160923
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| Summary/Abstract |
This article discusses the insufficient consideration of the role of state practice in the interpretation and implementation of Article 121(3) of the UNCLOS by the Arbitral Tribunal in the South China Sea Arbitration Case. The article argues that the Tribunal's view on the “threshold” established and its conclusion that there was no evidence that an agreement existed based upon state practice on the interpretation of Article 121(3) are open to question.
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| 4 |
ID:
059797
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