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The Australian National University

Legal Implications of the South China Sea Award for Maritime Southeast Asia

Tara Davenport Vol 34 (2016)
South China Sea Agora

The South China Sea, the largest sea in Southeast Asia, is also the stage for one of the most complex disputes in contemporary times. The South China Sea disputes are viewed as a major flashpoint in post-Cold War Southeast Asia and have been a perennial source of tension in the region, and have also hindered the effective exploitation of resources in the South China Sea. The South China Sea Arbitration between the Philippines and China, which many consider a resounding victory for the Philippines, has significant implications for Southeast Asia, not only for the Philippines but also for the other Southeast Asian Claimants, as well as the non-Claimant Southeast Asian States, particularly those which border the South China Sea. To this end, this Article will examine these implications for the Southeast Asian Claimants with regard to (1) sovereignty, rights and jurisdiction over features; and (2) maritime entitlement in the South China Sea. The Article will then discuss the implications of the Merits Award for the coastal States bordering the South China Sea.

Vol 34 (2016)

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Updated:  19 October 2016/Responsible Officer:  Australian Year Book of International Law Director/Page Contact:  AYBIL Web Publisher