UN Convention on the Law of the Sea (UNCLOS)

Latest in UN Convention on the Law of the Sea (UNCLOS)

South China Sea

More Possible U.S. Responses to the South China Sea Award: Why Not Economic Sanctions?

The United States may need to support the Philippines’ legal rights in some ways other than simply launching more aggressive freedom of navigation operations or continuing its diplomatic “shamefare” campaign. This post considers the legal basis for one rarely discussed option: the use of targeted economic sanctions.

South China Sea

The South China Sea Arbitration: Implications for the Senkaku Islands

One of the big takeaways from the South China Sea arbitration is that the high-tide features in the Spratly Islands are mere “rocks” under Article 121(3) of UNCLOS. This outcome is not only significant for the South China Sea; it also suggests something about the status of disputed features in the East China Sea: the Senkaku Islands.

South China Sea

China’s Legacy Maritime Claims

While the unanimous landmark decision in the arbitration case between the Philippines and China deals a death knell to China’s infamous nine dash line, the international community should not lose sight of the fact that Beijing’s indefensible claims in the South China Sea are but one part of a concerted effort to change the status quo and alter the rules-based legal order that has governed the world’s oceans for centuries.

South China Sea

Possible U.S. Responses to the South China Sea Arbitration Award: The Aggressive FONOPs Option

As the US determines its response to the South China Sea arbital award, it should consider the legal foundation of one obvious option: new freedom of navigation operations conducted without innocent passage within 12 nautical miles of China’s artificial islands. 

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