Under the U.N. Convention on the Law of the Sea, Can China Adversely Possess and Militarize Islands of the South China Sea?

Lauren Richards, Vol. 37 Associate Editor China’s militarization of islands in the South China Sea threatens the right of innocent passage by States and, therefore, may pose a threat to international law.[1] The U.N. Convention on the Law of the Sea (UNCLOS) establishes a 200-mile continental shelf beyond the coastal State.[2] This entitles the coastal […]

Read More

Lack of a legal framework regarding island building in the South China Sea

Daniel Mooney, Vol. 37 Associate Editor Over the past few years the Chinese government has rapidly undertaken widespread land reclamation and construction in the Spratly Islands in the South China Sea. In general, the island building consists of converting formerly submerged reefs into artificial islands and increasing their size in order to suit specific needs. […]

Read More

South China or West Philippine Sea? United Nations Convention on the Law of the Sea (UNCLOS) and International Arbitration

Sam Fitzpatrick, Vol. 36 Associate Editor On January 23, 2013, the Republic of the Philippines initiated binding arbitration in the Permanent Court of Arbitration after exhausting diplomatic and political remedies to resolve its dispute with China over the South China Sea.[1]  The Philippine’s memorial requested that the Permanent Court of Arbitration, in accordance with Annex […]

Read More