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Probing Vietnam’s Legal Prospects in the South China Sea Dispute

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...

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Main Authors: Hong Kong To Nguyen, Manh Tung Ho, Quan-Hoang Vuong
Format: Bài trích
Language:English
Published: Asia Policy 2021
Subjects:
unclos
maritime law
Online Access:https://www.nbr.org/publication/probing-vietnams-legal-prospects-in-the-south-china-sea-dispute/
https://dlib.phenikaa-uni.edu.vn/handle/PNK/3303
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spelling oai:localhost:PNK-33032022-08-17T05:54:46Z Probing Vietnam’s Legal Prospects in the South China Sea Dispute Hong Kong To Nguyen Manh Tung Ho Quan-Hoang Vuong unclos maritime law 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. 2021-10-27T02:05:05Z 2021-10-27T02:05:05Z 2021 Bài trích https://www.nbr.org/publication/probing-vietnams-legal-prospects-in-the-south-china-sea-dispute/ https://dlib.phenikaa-uni.edu.vn/handle/PNK/3303 en Asia Policy
institution Digital Phenikaa
collection Digital Phenikaa
language English
topic unclos
maritime law
spellingShingle unclos
maritime law
Hong Kong To Nguyen
Manh Tung Ho
Quan-Hoang Vuong
Probing Vietnam’s Legal Prospects in the South China Sea Dispute
description 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.
format Bài trích
author Hong Kong To Nguyen
Manh Tung Ho
Quan-Hoang Vuong
author_facet Hong Kong To Nguyen
Manh Tung Ho
Quan-Hoang Vuong
author_sort Hong Kong To Nguyen
title Probing Vietnam’s Legal Prospects in the South China Sea Dispute
title_short Probing Vietnam’s Legal Prospects in the South China Sea Dispute
title_full Probing Vietnam’s Legal Prospects in the South China Sea Dispute
title_fullStr Probing Vietnam’s Legal Prospects in the South China Sea Dispute
title_full_unstemmed Probing Vietnam’s Legal Prospects in the South China Sea Dispute
title_sort probing vietnam’s legal prospects in the south china sea dispute
publisher Asia Policy
publishDate 2021
url https://www.nbr.org/publication/probing-vietnams-legal-prospects-in-the-south-china-sea-dispute/
https://dlib.phenikaa-uni.edu.vn/handle/PNK/3303
_version_ 1751856306308775936
score 8.891053

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