inseguridad juridica

Derecho Internacional/ Internacional Law

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IMG_0649Source: IntLawGRRLS

Will China force the USA’s hand to revisit the Law of the Sea Convention?

On 28th May, US President Barack Obama again called upon the US Senate to ratify the UN Convention on the Law of the Sea 1982 (LOSC), following tension in the South China Sea. This area of the ocean is notoriously problematic, with China claiming sovereignty over almost all of the South China Seas and failing to recognise any rival claims from neighbouring States, such as Vietnam and the Philippines. Conflict appears to have been renewed afresh when Vietnam reported that a Chinese flagged vessel had intentionally struck two of its ships in the area at the beginning of May.

Although China has ratified the LOSC, it asserts that it has a historical claim over disputed islands that pre-date the 1982 treaty. On 1st June, the Deputy Chief of the General Staff of the People’s Liberation Army, Wang Guanzhong, speaking in the Shangri-La Dialogue, maintained that the Convention was “not the only point of reference” in adjusting sovereignty over islands and seas, strongly suggesting that mounting disputes and its membership of the Law of the Sea Convention would not cause it to reconsider the infamous ‘Nine Dash Line’ that demarcates its claim to the South China Sea. It takes this stance despite the fact that the Philippines filed a case with the International Tribunal on the Law of the Sea in March challenging its sovereignty (China having already made known its refusal to take part in any such arbitration). Leer el resto de esta entrada »

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