Navigating the legal and political waters: loopholes in UNCLOS in resolving South China sea dispute

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.