Preventing Conflict: China’s claim to the South China Sea and Mechanisms for Peace.
This paper examines China’s claim to the South China Sea, focusing on how to maintain peace in a region with competing claims through codified law or external mechanisms. The first part of the paper examines the different levels of China’s claim to ninety percent of the South China Sea, starting fro...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Universidade Federal do Rio de Janeiro
2022-06-01
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| Series: | Inter |
| Subjects: | |
| Online Access: | https://revistas.ufrj.br/index.php/inter/article/view/50187 |
| _version_ | 1818012607142952960 |
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| author | Antonio Elian Lawand Junior Talida Balaj |
| author_facet | Antonio Elian Lawand Junior Talida Balaj |
| author_sort | Antonio Elian Lawand Junior |
| collection | DOAJ |
| description | This paper examines China’s claim to the South China Sea, focusing on how to maintain peace in a region with competing claims through codified law or external mechanisms. The first part of the paper examines the different levels of China’s claim to ninety percent of the South China Sea, starting from its historical claim to its territorial claim. Additionally, an in-depth look is given to the provisions of the United Nations Convention of the Law of the Seas, and how China’s claim conflicts with these provisions. The second part of the paper goes through the section of the dispute settlement provisions of the Convention, addressing the general provisions, procedures, and limitations concerning dispute resolution. The critiques of the dispute settlement provisions are addressed, alongside the lack of an enforcing body. Lastly, the external mechanisms that State parties can take to maintain peace with the region are analyzed, from other conventions to commercial responses. |
| first_indexed | 2024-04-14T06:23:07Z |
| format | Article |
| id | doaj.art-200267f82a524061ae702db268ae3651 |
| institution | Directory Open Access Journal |
| issn | 2596-3503 |
| language | English |
| last_indexed | 2024-04-14T06:23:07Z |
| publishDate | 2022-06-01 |
| publisher | Universidade Federal do Rio de Janeiro |
| record_format | Article |
| series | Inter |
| spelling | doaj.art-200267f82a524061ae702db268ae36512022-12-22T02:07:57ZengUniversidade Federal do Rio de JaneiroInter2596-35032022-06-015116318123991Preventing Conflict: China’s claim to the South China Sea and Mechanisms for Peace.Antonio Elian Lawand Junior0Talida Balaj1Charleston School of Law; Maritime Law AcademyCharleston School of LawThis paper examines China’s claim to the South China Sea, focusing on how to maintain peace in a region with competing claims through codified law or external mechanisms. The first part of the paper examines the different levels of China’s claim to ninety percent of the South China Sea, starting from its historical claim to its territorial claim. Additionally, an in-depth look is given to the provisions of the United Nations Convention of the Law of the Seas, and how China’s claim conflicts with these provisions. The second part of the paper goes through the section of the dispute settlement provisions of the Convention, addressing the general provisions, procedures, and limitations concerning dispute resolution. The critiques of the dispute settlement provisions are addressed, alongside the lack of an enforcing body. Lastly, the external mechanisms that State parties can take to maintain peace with the region are analyzed, from other conventions to commercial responses.https://revistas.ufrj.br/index.php/inter/article/view/50187south china seapeaceful use of the seafreedom of the sea |
| spellingShingle | Antonio Elian Lawand Junior Talida Balaj Preventing Conflict: China’s claim to the South China Sea and Mechanisms for Peace. Inter south china sea peaceful use of the sea freedom of the sea |
| title | Preventing Conflict: China’s claim to the South China Sea and Mechanisms for Peace. |
| title_full | Preventing Conflict: China’s claim to the South China Sea and Mechanisms for Peace. |
| title_fullStr | Preventing Conflict: China’s claim to the South China Sea and Mechanisms for Peace. |
| title_full_unstemmed | Preventing Conflict: China’s claim to the South China Sea and Mechanisms for Peace. |
| title_short | Preventing Conflict: China’s claim to the South China Sea and Mechanisms for Peace. |
| title_sort | preventing conflict china s claim to the south china sea and mechanisms for peace |
| topic | south china sea peaceful use of the sea freedom of the sea |
| url | https://revistas.ufrj.br/index.php/inter/article/view/50187 |
| work_keys_str_mv | AT antonioelianlawandjunior preventingconflictchinasclaimtothesouthchinaseaandmechanismsforpeace AT talidabalaj preventingconflictchinasclaimtothesouthchinaseaandmechanismsforpeace |