The SCS Award and the Regime of Islands, Historic Rights and Environmental Obligations

Описание: Maritime issues have emerged as one of the most important security issues in the Indo-Pacific, driving major powers to strategically adjust their policies towards the region. During the past decade, maritime disputes have escalated to the point where the regional order is being affected and the risk of subsequent armed conflict cannot be entirely ruled out.

Session 5:
International Law, UNCLOS and the Arbitral Tribunal Determination: Retrospect and Prospects

Many claims and counter-claims have been made about ‘sovereign rights’ and the applicability of international law, UNCLOS, and the legitimacy of the July 2016 ruling by the Arbitral Tribunal set up under Annex VII of UNCLOS. This session brings in internationally recognised legal scholars to provide an independent assessment of the respective roles of history, convention, and UNCLOS according to international law. Moreover, the session critically reviews the key arguments of the claimant states and the compatibility of such positions with international law. Finally, the session examines the strengths and weaknesses of international law vis-.-vis the particular claims that have been made in the South China Sea and the potential impact of international law on the dispute (positive and/or negative aspects). Areas for constructive endeavours under international law (such as joint exploration and a fisheries management regime) will also be explored.

V161182.19