Different strokes for different folks: a second look at UNCLOS Part XV dispute settlement mechanisms and the South China Sea disputes

Abstract

The past decade has witnessed a marked rise and fall in tensions in the South China Sea due to recent adjustments in maritime policy among the key players in the territorial and maritime disputes. Competing claims to territory and jurisdictions manifest more frequently as actual incidents at sea, prompting at least one claimant to resort to international dispute settlement proceedings for the first time in the history of the South China Sea disputes. Emergent practice with respect to the interpretation and application of the provisions of the United Nations Convention on the Law of the Sea (UNCLOS), notably those concerning maritime zones, creates opportunities for more concrete and consistent determination of State rights and entitlements as a matter of law. Thus, while actual incidents naturally raise diplomatic tensions, they also provide opportunities for invoking the array of non-binding and binding dispute settlement mechanisms included in Part XV of the UNCLOS. This chapter reviews trends in the manifestations of the South China Sea disputes and the possible application of Part XV dispute settlement mechanisms to each. This will help identify and clarify options for future state actions, either individually or collectively, in managing and eventually resolving these disputes.