Islands versus rocks: claims over maritime entitlements and interpretation of Article 121 of the UNCLOS

Maritime Territorial disputes, including the South China Sea, are very sensitive in nature and may even lead to coercive means. The main emphasis of the present paper is against man-made constructions which would ultimately change a small uninhabited rock or coral atoll to be a full-fledged island,...

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Main Author: Hamid, Abdul Ghafur@Khin Maung Sein
Format: Proceeding Paper
Language:English
English
Published: 2018
Subjects:
Online Access:http://irep.iium.edu.my/63861/
http://irep.iium.edu.my/63861/19/Islands%20versus%20Rocks%20Conference%20Presenration%20.pdf
http://irep.iium.edu.my/63861/25/63861_Islands%20versus%20Rocks.pdf
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author Hamid, Abdul Ghafur@Khin Maung Sein
author_facet Hamid, Abdul Ghafur@Khin Maung Sein
author_sort Hamid, Abdul Ghafur@Khin Maung Sein
building IIUM Repository
collection Online Access
description Maritime Territorial disputes, including the South China Sea, are very sensitive in nature and may even lead to coercive means. The main emphasis of the present paper is against man-made constructions which would ultimately change a small uninhabited rock or coral atoll to be a full-fledged island, entitled to EEZ and CS. This is also the major concern of States, including Malaysia. The relevant States should exercise restraints in the construction of additional installations, especially military, on the disputed features so as not to hamper peace and stability in the SCS. Consultations under Declaration on Conduct of Parties in the SCS (DOC) 2002 between China and ASEAN are not adequate and it has to be strengthened with Code of Conduct in the SCS (COC). Since China is against any third party settlement, negotiations are the only alternative and serious and meaningful negotiations should be conducted between interested parties.
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spelling iium-638612018-06-05T06:17:04Z http://irep.iium.edu.my/63861/ Islands versus rocks: claims over maritime entitlements and interpretation of Article 121 of the UNCLOS Hamid, Abdul Ghafur@Khin Maung Sein KZ Law of Nations Maritime Territorial disputes, including the South China Sea, are very sensitive in nature and may even lead to coercive means. The main emphasis of the present paper is against man-made constructions which would ultimately change a small uninhabited rock or coral atoll to be a full-fledged island, entitled to EEZ and CS. This is also the major concern of States, including Malaysia. The relevant States should exercise restraints in the construction of additional installations, especially military, on the disputed features so as not to hamper peace and stability in the SCS. Consultations under Declaration on Conduct of Parties in the SCS (DOC) 2002 between China and ASEAN are not adequate and it has to be strengthened with Code of Conduct in the SCS (COC). Since China is against any third party settlement, negotiations are the only alternative and serious and meaningful negotiations should be conducted between interested parties. 2018-05-07 Proceeding Paper NonPeerReviewed application/pdf en http://irep.iium.edu.my/63861/19/Islands%20versus%20Rocks%20Conference%20Presenration%20.pdf application/pdf en http://irep.iium.edu.my/63861/25/63861_Islands%20versus%20Rocks.pdf Hamid, Abdul Ghafur@Khin Maung Sein (2018) Islands versus rocks: claims over maritime entitlements and interpretation of Article 121 of the UNCLOS. In: Joint International Conference on Maritime Territorial Claims & Dispute Resolution 2018, 7th May 2018, Kuala Lumpur. (Unpublished) http://www.iium.edu.my/my/events/show/joint-international-conference-on-maritime-territorial-claims-dispute-resolution-2018
spellingShingle KZ Law of Nations
Hamid, Abdul Ghafur@Khin Maung Sein
Islands versus rocks: claims over maritime entitlements and interpretation of Article 121 of the UNCLOS
title Islands versus rocks: claims over maritime entitlements and interpretation of Article 121 of the UNCLOS
title_full Islands versus rocks: claims over maritime entitlements and interpretation of Article 121 of the UNCLOS
title_fullStr Islands versus rocks: claims over maritime entitlements and interpretation of Article 121 of the UNCLOS
title_full_unstemmed Islands versus rocks: claims over maritime entitlements and interpretation of Article 121 of the UNCLOS
title_short Islands versus rocks: claims over maritime entitlements and interpretation of Article 121 of the UNCLOS
title_sort islands versus rocks: claims over maritime entitlements and interpretation of article 121 of the unclos
topic KZ Law of Nations
url http://irep.iium.edu.my/63861/
http://irep.iium.edu.my/63861/
http://irep.iium.edu.my/63861/19/Islands%20versus%20Rocks%20Conference%20Presenration%20.pdf
http://irep.iium.edu.my/63861/25/63861_Islands%20versus%20Rocks.pdf