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South China Sea Case: Contemporary International Law Issues




Yash Vardhan Gupta, Symbiosis Law School, Pune


ABSTRACT


One of the most disputed seas in the entire world is The South China Sea. The maritime claims on this river have been made by countries like China, Philippines, Indonesia, Vietnam, Taiwan as well as Malaysia. If we see the geographical location of the South China Sea in proximity with the Strait of Malacca in the West and Pacific Ocean in the East, we can say that it becomes an area of interest as important water for both the regional states as well as western states and United States. A large amount of money has been invested by China and a change has even been made in the geo-graphical topography so it can make its claim stronger. While western powers and the United States try to contest China's claims to the South China Sea via international regimes such as the United Nations Convention on the Law of the Seas 1982 (UNCLOS) and regional alliances. The SCS conflict serves as a key case study for students of international law, with the goal of analysing the legalities of the issue in light of the UNCLOS Laws of the Seas.


Adding to the above, it is even important to note that the United Nation Law of The Seas (UNCLOS) was first codified in the year 1958 at Geneva. In this respective conference, there were four conventions that were drawn which talked about Territorial Sea and Contagious Zone, Fishing and High Seas Conservation resources and Continental Shelf.1 These regulations govern the rights to utilise regional resourand navigational freedom, and the right of innocent passage inside an independent and sovereign coastal state's marine realm.


In this research paper, the author has tried to shed light upon the issues arising due to the South China Sea Case and has discussed about the issues that have aroused between China and Philippines, China and Vietnam as well as China and Malaysia


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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