Tag Archives: Historical Rights

Putting limits on the Law of the Sea

The U.S. State Department’s legal study addresses this Chinese argument. “Had the drafters of the LOS (law of the sea) Convention intended to permit historic claims of one State to override the expressly stated rights of other States, the Convention would have reflected this intention in its text,” the study, called “Limits in the Seas,” […]

Law and realpolitik in the South China Sea

China’s rejection of the international process represented by the Permanent Court of Arbitration at The Hague is both a missed opportunity and a disappointing corollary to its intransigence on the South China Sea dispute. Beijing’s visceral opposition to third-party arbitration is based on the suspicion that the process is a means of exerting political pressure […]