The role of international law in the disputed areas Drawing lines The role of international law in the disputed areas Darren C. Zook University of California, Berkeley

General overview International law plays a central role in generating claims and counter-claims in the disputed areas Disregarding international law in this dispute may carry substantial costs for the party or parties involved A legal settlement to the disputes carries the best chance of a peaceful and permanent solution

The role of law BRP Sierra Madre, Ayungin Shoal Territorial and maritime boundaries International economic law Laws of warfare BRP Sierra Madre, Ayungin Shoal

Territorial and maritime boundary disputes UN Convention on the Law of the Sea (UNCLOS) (1982, into force 1996) International Tribunal on the Law of the Sea (ITLOS) ITLOS Hamburg, Germany

UN Convention on the Law of the Sea (UNCLOS) 12-mile territorial waters 12-mile contiguous zone Up to 200-mile EEZ (Exclusive Economic Zone)

UNCLOS (cont’d) Lines are drawn from the coastal baseline Islands can extend claims further Principle of equidistance

ITLOS Disputes can go to ITLOS Or to ICJ (International Court of Justice) Arbitration (Annex VII) Special Arbitration (Annex VIII)

Acts and Disputes Manila, Philippines Acts of sovereign display Official protests Maps, histories, travelers’ tales Recognition Consistency Manila, Philippines

International economic law Issues of compensation World Trade Organization (rules of origin, sanctions) Commercial traffic and fishing: fees and taxes

Laws of War Mabini Reef Military solution as “aggression” Resources acquired through acts of aggression as “ill- gotten gains” Territory may not be acquired by force No environmental modification Rights of transit: military versus civilian Mabini Reef

Why care about law? Law is neutral: it is a disinterested party to the dispute Law is equally binding: military action or political suasion is a power play Nations that ignore or reject international law lose the ability to make claims of their own