Ukraine is vindicating its rights in the face of Russias flagrant violations of international law in appropriate international forums, including the UNCLOS
case, as well as Ukraines case against the Russian Federation before the International Court of Justice.
Before the UNCLOS
case, China's first action seemed innocuous.
On the basis of these and the other provisions of the Convention, Cyprus and the vast majority of states, as well as the European Union, signed and ratified UNCLOS
III, thereby lending to its provisions the force of customary law.
Article 288(1) of UNCLOS
defines the jurisdiction of UNCLOS
Beijing has not moved to bring its claims into line with UNCLOS
, but, contrary to expectations, neither has it increased its assertive actions in the South China Sea.
The tribunal ruled that China's land reclamation and construction of artificial islands in the Spratly Islands after the arbitration was commenced, violated the obligations UNCLOS
places on states to refrain from conduct that aggravates and extends a dispute while dispute resolution proceedings are pending.
In other words, this dispute does not center on the interpretation of UNCLOS
, but territorial issues.
The tribunal's imprudent decision to start the compulsory arbitration process suggests a lack of even minimal respect for the spirit and principles of the UNCLOS
to say the least.
This Article assesses the merits of these and other major objections to the UNCLOS
arbitration and proposes a supplemental legal mechanism: an international Commission of Inquiry (COI) by involved states, addressing French, Japanese, and other extra-regional states' now inactive claims regarding the sovereign status of the region's various island territories through the end of World War II hostilities in 1945.
jurisdiction" is simply "the jurisdiction of UNCLOS
clearly favors certain countries with expansive coastlines over others that are locked in: "The arrangement of the continents and national borders have left some coastal states with access to great expanses of sea and others with much less" (p.
All of these states claim the 321-kilometer exclusive economic zones granted under UNCLOS