Mô tả
This article will examine the above issues and the major obstacles which are preventing agreement on the areas in dispute. It will also examine the international law obligations of claimant States with regard to areas in dispute, including the limits under international law on what unilateral actions can be undertaken by States in areas in dispute.
Finally, the article will examine whether the Claimant States can use the dispute settlement mechanisms under 1982 United Nations Convention on the Law of the Sea (UNCLOS or ‘the Convention’) to clarify which areas are in dispute and which areas are not in dispute. It will explore whether efforts to reach an agreement on the areas in dispute might include referral of certain legal issues to compulsory binding arbitration under Annex VII of UNCLOS. In addition, it will examine whether it might be possible for two or more of the claimant States to seek an advisory opinion from the International Tribunal for the Law of the Sea (ITLOS or ‘the Tribunal’) on legal issues arising from efforts to define the area in dispute.
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