Asia Policy 16 (3):105-132 (2021)

Authors
H. Nguyen
Northwestern University
Quan-Hoang Vuong
Phenikaa University
Abstract
Although most Asian states are signatories to UNCLOS, which offers options for dispute resolution by either voluntary or compulsory processes, in reality fewer than a dozen Asian states have taken advantage of such an approach. The decision to adopt third-party mechanisms comes under great scrutiny and deliberation, not least because of the entailing legal procedures and the politically sensitive nature of disputes. Vietnam claims the second-largest maritime area in the South China Sea dispute after China. A comparison of two recent cases—the arbitration between the Philippines and China and the conciliation between Timor-Leste and Australia—highlights the importance of selecting between binding and nonbinding decisions and framing a complaint. In particular, any legal action under UNCLOS should specify China’s claims and actions in areas that encroach on Vietnam’s claimed exclusive economic zone (EEZ) and violate international law.
Keywords Sino-Vietnamese relations  South China Sea  UNCLOS 1982
Categories (categorize this paper)
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

 PhilArchive page | Other versions
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Công ước UNCLOS 1982 và vấn đề Biển Đông.Ho Manh-Toan - 2021 - Kinh Tế Và Dự Báo 1 (1):1-10.
Vietnam Game Between USA and China.Małgorzata Pietrasiak - 2018 - International Studies. Interdisciplinary Political and Cultural Journal 22 (1):51-63.

Analytics

Added to PP index
2021-08-10

Total views
39 ( #278,204 of 2,455,402 )

Recent downloads (6 months)
39 ( #20,552 of 2,455,402 )

How can I increase my downloads?

Downloads

My notes