Abstract:
Probably, among the most challenging maritime disputes with regard to international relations
today which is now considered at the heart of the controversial issue pertains to the issues in
South China Sea. At its core are issues under the United Nations Convention on the Law of the
Sea, considered among the main pillars of the principles of the world's law to govern its marine
resources utilization, as well as the framework guiding the resolution of maritime
conflicts. Although it offers an integrative framework, UNCLOS has faced major problems in
satisfactorily dealing with the intricate issues of the SCS. The subsequent thesis discusses the
most fundamantal inadequacies of UNCLOS that prevent it from having a satisfactory solution
to deal with the issues of conflict in the SCS . Major areas of attention include the vaguenesses
within the definition island and rocks, restrictions imposed upon the enforcement mechanisms,
and problems resulting from historical claims and sovereignty issues.
This research will try to understand the contribution of deficiencies to the ongoing conflicts
and differences among the claimant countries. Further, the case study examines the geopoltical
dimension and power play as factors leading to the implementation and failure to adhere to
UNCLOS regulations in the region of interest. Based on similar international maritime cases,
this study searches for potential reform and best practices to solve the present problems that
might make UNCLOS more effective in the capacity to solve and settle such complicated
maritime disputes. This thesis aims to offer some legal and policy recommendations as a way
of enhancing UNCLOS into a robust, balanced framework to facilitate peace and cooperation
in the SCS and other region.
