Spratly Islands dispute that involved the largest number of regional claimants remain as the most complex and quarrelsome case in the South China Sea (Joyner, 1999, p. 54). As Schofield asserted “Spratly Islands dispute remain the principal source of tension in Southeast Asia. There is a genuine fear that ongoing incidents could escalate to actual confrontation.” (Jane’s Intelligence Review, 2000). Meanwhile, maritime boundary delimitation is problematical since the present boundary is the result of overlapping unilateral claims to sovereignty (Joyner, 1999, p. 55).
Efforts to resolve the dispute regionally has so far been fruitless. Following the naval clash between China and Vietnam in the Spratly Islands in 1988, Indonesia has tried to apply preventive diplomacy in 1990-1999 by creating informal workshops using tract two diplomacy; and in July 1994, the ASEAN Regional Forum (ARF) was created as a form of track one diplomacy in Asia-Pacific region. However, the efforts mentioned failed to prevent the conflict in the region as violent conflicts still erupted among the claimants (Phy, 2009, p. 4).
Treaties and agreements have also been signed by the claimants such as the 2002 Declaration of Conduct of Parties in the South China Sea which has eased tensions but tend to be useless because of China’s resistance in taking the matters multilaterally (Chin, 2003). With all the conflict management tend to be unsuccessful, it then created a question on what is the best solution to resolve this dispute.
Some possible solutions are raised. Interest-based solutions or Institutional-based approach and rights-based solution or alternative dispute resolution approach are recommended for the Spratly Islands dispute (Phy, 2009, p. 7).
4.1 Intere...
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...pensation, they will get the middle part of the South China Sea.
c. A same distance line method to delimitate overlapping areas needs to be applied. But, if it is found disagreeable, a bi-or trilateral development alternative arrangement can be arranged.
Works Cited
Joyner, C. (1999). The Spratly Islands dispute in the South China Sea: problems, policies, and prospects for diplomatic accommodation. Investigating Confidence-Building Measures In The Asia-Pacific Region, Washington: Stimson Center, May [Report No. 28], 53--108.
Phy, S. (2009). The Management of the Spratly Islands Conflict: Success or Failure?. University For Peace Ciudad Colon, Costa Rica.
Stanslas, P. (2010). The Spratly Dilemma: External powers and Dispute Resolution Mechanisms (1st ed., p. 9). Warsaw: Amicus Europae Foundation. Retrieved from http://fae.pl/biuletynopiniefaethespratlydilemma.pdf
First, if the CCP recognizes Taipei as an independent state, the CCP risks losing it bargaining power over the decisions and actions taken in regard to the island. A country’s bargaining power is the strength of a states claim over the disputed territory. A decline in this power mea...
The case of Francovich had a significant impact on the European Union (EU) law. If a conflict arises between the EU law and the national law, the EU law highly prevails. The European Union law is a framework of treaties and legislation, which have a direct or indirect effect on the laws of the member states which are bound to the European Union. Primary and Secondary laws are the two sources of the EU law. This essay will firstly analyse the main institutions of the European Union and define various legal terms. It will then move on, to discuss the case of Francovich and the importance it had for state liability. Furthermore, it will refer to subsequent cases which are linked with state liability and had an impact on the EU Law. Lastly, my own views about State Liability will be presented.
The United Nations General Assembly 36-103 focused on topics of hostile relations between states and justification for international interventions. Specifically mentioned at the UNGA was the right of a state to perform an intervention on the basis of “solving outstanding international issues” and contributing to the removal of global “conflicts and interference". (Resolution 36/103, e). My paper will examine the merits of these rights, what the GA was arguing for and against, and explore relevant global events that can suggest the importance of this discussion and what it has achieved or materialized.
Shiraev, Eric B., and Vladislav M. Zubok. International Relations. New York: Oxford University Press, 2014.
Simmonds C., ‘Paramountcy and the ECHR: a conflict resolved? [2012] Cambridge Law Journal Vol. 71 Issue 3, 498-201
Although there were numerous movements in promoting the unity of the European, but it seems to have failed. Robertson indicates the unity principle’s outcome is less than what is desired. Thereby, as Murat notes, the court will invariably grant a leeway to the state in deciding the cases namely, the ‘Margin of appreciation’. This maxim owes it genesis from a French term ‘marge d’ appreciation’ that deemed as a doctrine which gives way to a state’s discretion in their governance.
First stage: consultation (up to 60 days). Before taking any other actions the countries in dispute have to talk to each other to see if they can settle their differences by themselves. If that fails, they can also ask the WTO director-general to mediate or try to help in any other
Pruitt, Dean G, and Sung Hee Kim. Social Conflict: Escalation, Stalemate, and Settlement. 3rd ed. 2004. New York: McGraw-Hill Higher Education, 2004.
M. E. McGuinness (Eds.), Words Over War: Mediation and Arbitration to Prevent Deadly Conflict (pp. 293-320). New York: Rowman and Littlefield Publishers, Inc.
Tarrow, Sidney. “Transnational Politics: Contention and Institutions in International Politics.” Annual Review of Political Science, 2001.4.
INTRODUCTION : a brief overview of the current situation regarding the security issue in the Pacific region
Ott, Marvin C. "Mediation as a Method of Conflict Resolution: Two Cases." International Organization 26.04 (1972): 595-618. JSTOR. Web. 3 Dec. 2013.
The Instability of China–US Relations", The Chinese Journal of International Politics 3, no. 3 (2010): 263-292, http://cjip.oxfordjournals.org/content/3/3/263.
Mingst, K. (2011). Essentials of international relations. (5th ed., p. 70). New York, NY: W.W. Norton & Company.
Before we delve deeper into this topic, it is imperative to properly provide a definition of sovereignty and lay down some foundation on this topic. There are four different definitions of sovereignty – international legal sovereignty, Westphalia sovereignty, domestic sovereignty and interdependence sovereignty. International legal sovereignty deals with “the practices associated with mutual recognition, usually between territorial entities that have formal juridical independence” (Krasner 4). The main definition of sovereignty that this paper will use is the ...