The South China Sea Disputes and Law of the Sea

The South China Sea Disputes and Law of the Sea

NUS Centre for International Law series

Edited by S. Jayakumar, Tommy Koh and Robert Beckman

South China Sea Disputes And Law Of The Sea explores in great detail the application of specific provisions of UNCLOS and how the framework of international law applies to the South China Sea. Offering a comprehensive analysis of the individual topics and their application to the South China Sea region, each chapter of the book provides a substantive and rigorous investigation into the history, development and application of the relevant legal principles. It is written within the global context so that lessons learned from this exercise will have global implications. Contributors include former judges from ITLOS, legal advisors to States who participated in the negotiation and drafting of UNCLOS, as well as outstanding scholars of both law and geography, many of whom have acted as counsel or experts in cases before international court and tribunals.

Chapter 3: Maritime zones from islands and rocks

Clive R Symmons

Subjects: asian studies, asian law, law - academic, asian law, maritime law, public international law

Extract

Small insular formations have in more recent times, with the advent of major maritime zones such as the 200 nautical miles (nm) exclusive economic zone (EEZ) and the expanded definition of the continental shelf in the 1982 United Nations Convention on the Law of the Sea (UNCLOS), caused legal disputes all over the world in terms not just of entitlement to such zones under UNCLOS, but also as to what effect, if any, they should have in delimitation of such zones between neighbouring States. Several such formations are situated in Eastern Asia in the South and East China Seas and the Sea of Japan. This chapter has particular reference to the Spratly Islands in the South China Sea, where insular problems are particularly acute.

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