Contact us
[email protected] | |
3275638434 | |
Paper Publishing WeChat |
Useful Links
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License
Article
Author(s)
LIN Hongyi
Full-Text PDF XML 712 Views
DOI:10.17265/1548-6605/2019.02.001
Affiliation(s)
Johns Hopkins University, Washington D.C., United States
ABSTRACT
The paper examines the
precedent value of the Tonkin Gulf case of maritime delimitation between China
and Vietnam in facilitating the propagation of peaceful resolutions of
sovereign disputes in the South China Sea through a perspective of United
Nations Convention on the Law of Sea (UNCLOS). Despite China’s rhetoric
adherence on its Joint Development Arrangement (JDA) proposals to shelve the
maritime disputes, the establishment of an effective and institutionalized JDA
regime backed up by a multitude of bilateral treaties and agreements over the
Tonkin Gulf remain the sole successful example of shelving sovereign disputes
through peaceful negotiations. Under such circumstance in which the prospects
of most joint development proposals are stepping forward uncertainty for
China’s growing assertiveness, it is requested that the Tonkin Gulf case can
provide significant precedent value for other disputable areas in the South
China Sea. The paper investigates the legitimation of JDA and highlights three
key characteristics that the Tonkin Gulf pattern has enshrined, including the
single delimitation principle and the notion of equidistance for boundary
delimitation, the considerations from historical factors, the procedure of “due
process”. Nevertheless, it finds that it remains unlikely that these three
characteristics can be effectively fulfilled in other sovereign negotiations.
Finally, the status quo over the Paracel Islands is examined as a real-world problem
by highlighting the three characteristics.
KEYWORDS
the Tonkin Gulf case, Joint Development Argument, UNCLOS, institutionalism, the South China Sea
Cite this paper
References