An appraisal of the China’s claims in the South China Sea territorial disputes

Objective: This paper predominantly aims at evaluating the territorial claims made by China in the South China Sea as to whether or not these claims are in accordance with the contemporary international law. This study is primarily doctrinal and qualitative in nature. Analysis: China claims almos...

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Main Authors:	Ahmad, Muhamad Hassan, Ali Mohamed, Ashgar Ali, Ishan Jan, Mohammad Naqib
Format:	Article
Language:	English English
Published:	R.K.Sharma, Institute of Medico-Legal Publications 2018
Subjects:	K Law (General) KZ Law of Nations
Online Access:	http://irep.iium.edu.my/68744/ http://irep.iium.edu.my/68744/ http://irep.iium.edu.my/68744/ http://irep.iium.edu.my/68744/1/68744_An%20appraisal%20of%20the%20China%E2%80%99s%20claims.pdf http://irep.iium.edu.my/68744/7/68744_An%20appraisal%20of%20the%20China%E2%80%99s%20claims_SCOPUS.pdf

id	iium-68744
recordtype	eprints
spelling	iium-687442019-06-24T01:49:45Z http://irep.iium.edu.my/68744/ An appraisal of the China’s claims in the South China Sea territorial disputes Ahmad, Muhamad Hassan Ali Mohamed, Ashgar Ali Ishan Jan, Mohammad Naqib K Law (General) KZ Law of Nations Objective: This paper predominantly aims at evaluating the territorial claims made by China in the South China Sea as to whether or not these claims are in accordance with the contemporary international law. This study is primarily doctrinal and qualitative in nature. Analysis: China claims almost 90 percent of the South China Sea by arguing that both maritime and land territories in the region were regarded as integral parts of the Chinese nation since centuries ago. In the same vein, other disputing parties also made numerous claims to their respective contiguous parts of the South China Sea. Despite the fact that these nations have been trying to resolve the disputes, tensions among the rival countries have steadily increased. Method: The authors propose that China has to acquire the sovereignty over land territories in the South China Sea in conformity with the modes of acquisition of state territory under contemporary international law. Then, it can claim maritime boundaries on the basis of the land territory in accordance with the relevant provisions under the United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982). Findings: The paper greatly contributes to evaluate Chinese territorial claims in resolving the South China Sea territorial disputes. Result: It is thus proposed that the adjudicative settlement either before the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS) or an ad hoc international territorial arbitration would be desirable between or among the parties to deliberate further on the disputes with the view to maintain the international peace and security. R.K.Sharma, Institute of Medico-Legal Publications 2018-12-17 Article PeerReviewed application/pdf en http://irep.iium.edu.my/68744/1/68744_An%20appraisal%20of%20the%20China%E2%80%99s%20claims.pdf application/pdf en http://irep.iium.edu.my/68744/7/68744_An%20appraisal%20of%20the%20China%E2%80%99s%20claims_SCOPUS.pdf Ahmad, Muhamad Hassan and Ali Mohamed, Ashgar Ali and Ishan Jan, Mohammad Naqib (2018) An appraisal of the China’s claims in the South China Sea territorial disputes. Indian Journal of Public Health Research & Development, 9 (12). pp. 2587-2592. ISSN 0976-0245 E-ISSN 0976-5506 http://www.ijphrd.com/index.html 10.5958/0976-5506.2018.02104.6
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General) KZ Law of Nations
spellingShingle	K Law (General) KZ Law of Nations Ahmad, Muhamad Hassan Ali Mohamed, Ashgar Ali Ishan Jan, Mohammad Naqib An appraisal of the China’s claims in the South China Sea territorial disputes
description	Objective: This paper predominantly aims at evaluating the territorial claims made by China in the South China Sea as to whether or not these claims are in accordance with the contemporary international law. This study is primarily doctrinal and qualitative in nature. Analysis: China claims almost 90 percent of the South China Sea by arguing that both maritime and land territories in the region were regarded as integral parts of the Chinese nation since centuries ago. In the same vein, other disputing parties also made numerous claims to their respective contiguous parts of the South China Sea. Despite the fact that these nations have been trying to resolve the disputes, tensions among the rival countries have steadily increased. Method: The authors propose that China has to acquire the sovereignty over land territories in the South China Sea in conformity with the modes of acquisition of state territory under contemporary international law. Then, it can claim maritime boundaries on the basis of the land territory in accordance with the relevant provisions under the United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982). Findings: The paper greatly contributes to evaluate Chinese territorial claims in resolving the South China Sea territorial disputes. Result: It is thus proposed that the adjudicative settlement either before the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS) or an ad hoc international territorial arbitration would be desirable between or among the parties to deliberate further on the disputes with the view to maintain the international peace and security.
format	Article
author	Ahmad, Muhamad Hassan Ali Mohamed, Ashgar Ali Ishan Jan, Mohammad Naqib
author_facet	Ahmad, Muhamad Hassan Ali Mohamed, Ashgar Ali Ishan Jan, Mohammad Naqib
author_sort	Ahmad, Muhamad Hassan
title	An appraisal of the China’s claims in the South China Sea territorial disputes
title_short	An appraisal of the China’s claims in the South China Sea territorial disputes
title_full	An appraisal of the China’s claims in the South China Sea territorial disputes
title_fullStr	An appraisal of the China’s claims in the South China Sea territorial disputes
title_full_unstemmed	An appraisal of the China’s claims in the South China Sea territorial disputes
title_sort	appraisal of the china’s claims in the south china sea territorial disputes
publisher	R.K.Sharma, Institute of Medico-Legal Publications
publishDate	2018
url	http://irep.iium.edu.my/68744/ http://irep.iium.edu.my/68744/ http://irep.iium.edu.my/68744/ http://irep.iium.edu.my/68744/1/68744_An%20appraisal%20of%20the%20China%E2%80%99s%20claims.pdf http://irep.iium.edu.my/68744/7/68744_An%20appraisal%20of%20the%20China%E2%80%99s%20claims_SCOPUS.pdf
first_indexed	2023-09-18T21:37:32Z
last_indexed	2023-09-18T21:37:32Z
_version_	1777412920659935232

An appraisal of the China’s claims in the South China Sea territorial disputes

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