Considering the term of historic water in perespective of the South China Sea
One of the conflicting areas of law arising from custom and treaty is manifested in sea. This happens when a state tries to prove its sovereignty on body of waters that is under sovereignty of another state or part of high seas. Conflict of interest in peripheral states of South China Sea was aggrav...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2019-11-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| Subjects: | |
| Online Access: | http://qjpl.atu.ac.ir/article_11019_f6f93d0e86ce9ed491258c901bff2408.pdf |
| Summary: | One of the conflicting areas of law arising from custom and treaty is manifested in sea. This happens when a state tries to prove its sovereignty on body of waters that is under sovereignty of another state or part of high seas. Conflict of interest in peripheral states of South China Sea was aggravated by claiming historical sovereignty and rights of China based on Nine-Dash Line in the seabed. Philippines referred to the Permanent Court of Arbitration on the Law of the Sea Convention and brought the dispute to the international arena and once again raised the issue of historic waters. Although China didn’t appear before the PCA but the Court by referring to obligation of parties according to the Law of the Sea Convention concluded that the claim of China is on the contrary of its obligation under United Nations Convention on the Law of the Sea, hence refused to accept it.
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| ISSN: | 2345-6116 |