Item Infomation
Title: | Probing Vietnam’s Legal Prospects in the South China Sea Dispute |
Authors: | Hong Kong To Nguyen Manh Tung Ho Quan-Hoang Vuong |
Issue Date: | 2021 |
Publisher: | Asia Policy |
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. |
URI: | https://www.nbr.org/publication/probing-vietnams-legal-prospects-in-the-south-china-sea-dispute/ https://dlib.phenikaa-uni.edu.vn/handle/PNK/3303 |
Appears in Collections | Bài báo khoa học |
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