Straight baselines around insular formations not constituting an archipelagic state

Franckx, Erik; Benatar, Marco

doi:10.1017/cbo9781139963084.012

Cited by 1 publication

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“…This interruption is pragmatic and would violate Article 89 of the UNCLOS, which proclaims that "no state may validly purport to subject any part of the high seas to its sovereignty" (Joyner, 1999). Opinion exists that the South China Sea is located in a part of the world where normal baselines are not that normal, but are rather becoming something of an exception (Franckx & Benata, 2011). Position of China that is not only UNCLOS is applied to define baseline but international customs and all other sources.…”

Section: "Straight Baselines" Provisionmentioning

confidence: 99%

United Nation Convention on the Law of the Sea: Inevitable Way towards Revision to Overcome South China Sea Disputes

Prisekina

Дремлюга

2015

ASS

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In the authors' opinions, some provisions and definitions of UNCLOS have serious gaps that lead to various interpretations and misunderstandings by countries. Due to provisional gaps, all parties of the South China Sea Disputes have their own opinions on the UNCLOS interpretations and are confident that they follow International Law. The authors propose that certain provisions of UNCLOS need revised in order to resolve actual disputes and prevent further debates. These provisions include, but are not limited to, the current distinction between an island and a rock; and the strait baseline concept that permits to delineate big sea areas far from the coast.

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Section: "Straight Baselines" Provisionmentioning

confidence: 99%