Maritime Dispute Settlement in Southeast Asia: Bargaining under the Shadow of the LOSC

Abstract

The UN Convention on the Law of the Sea (LOSC) has influenced the thinking and negotiating practices of States in Southeast Asia, providing them more common ground and at times bones of contention. Overcoming their traditional reluctance, Southeast Asian countries have become more open to the dispute settlement provisions under Part XV of the LOSC. The rulings in the arbitral and judicial cases from the region and elsewhere have provided ample guidance to States in their dealings with and among each other. Nonetheless, the management and resolution of the long-standing competing maritime claims in the South China Sea have thus far eluded them. Negotiations on a proposed code of conduct have gone on for years and remain a work in progress.