South China Sea disputes and several related international legal issues, by Hoang Viet

06/06/2011

South China Sea disputes and several related international legal issues, by Hoang VietDisputes over territorial sovereignty and overlapping water borders in the South China Sea have long been a inextricable problem among Asian countries, including Vietnam. While these nations are trying to enhance their control of oil resouces, overlapping territorial water claims and disputes over oil-rich offshore South China Sea have become an increasingly serious political issue in the region. This research is intended to give an overview of the South China Sea dispute from a legal aspect by studying the claims of involved nations, principles of solving territorial water dispute under international law and the other legal issues concerning the South China Sea disputes.The claims on the disputed South China Sea are divided into two types: claims on the islands in the South China Sea, especially the Paracel and Spratly Islands, and the extended rights of coastal countries interpreted according to the United Nations Convention on the Law of the Sea 1982 (UNCLOS). At present there are 8 claimant countries and territories in the disputed South China Sea.Nowadays the South China Sea disputes have emerged as a flash point, threatening security, peace, cooperation and development in the region. International law has contributed greatly to the peaceful settlement of disputes. Until now most involved nations in the South China Sea disputes have ratified the UNCLOS which provide s a legal framework for state parties to resolve their disputes under the law of the sea. However, many of the issues the Law of the Sea treaty addressed remain controversial and unresolved such as issues related to acquisition of territorial sovereignty, China’s “U-shaped line”, claim in the South China Sea and the legal status of the geological structures of the Paracel and Spratly Islands. Unless these issues can be resolved, the South China Sea disputes still will be stuck in stalemate.Recently, China, a major claimant in the disputed islands, has focused much more on international law, especially the law of the sea, seeking the way to take advantages of the law’s provision and propagandize to international community the legitimacy of its claims. In light of this, the author suggested that Vietnam should have a strategy on human resource, particularly on training international law specialists.ABSTRACT