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Home Trung tâm dữ liệu Biển Đông Dr. Yann-huei Song, THE APPLICATION OF ARTICLE 121(3) OF THE LAW OF THE SEA CONVENTION TO THE...
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NameDr. Yann-huei Song, THE APPLICATION OF ARTICLE 121(3) OF THE LAW OF THE SEA CONVENTION TO THE...
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Dr. Yann-huei Song, THE APPLICATION OF ARTICLE 121(3) OF THE LAW OF THE SEA CONVENTION TO THE FIVE SELECTED DISPUTED ISLANDS IN THE SOUTH CHINA SEA
 
Dr. Yann-huei Song,Professor, Graduate Institute of International Politics, National Chung Hsing University
Research Fellow, Institute of European and American Studies, Academia Sinica, Taiwan

 
"...It is hoped that this paper has successfully demonstrated the need to develop an agreeable objective test so as to remove all doubt as to which rocks would be affected by Article 121(3). In addition, before Article 121 is amended, the states in the South China Sea area might want to consider the possibility of establishing a special regional organ, such as an institutional ocean space institutions that were proposed by Malta in 1971, or conclude a regional agreement, such as a Regional Code of Conduct in the SCS that is being discussed between China and the members of ASEAN, in which the application and interpretation of Article 121(3) is clarified. The coastal states in the region are also encouraged to deal with their maritime disputes by adopting the concept of “common heritage of mankind” or by taking policy measures to preserve the marine environment through devices like the establishment of marine protected areas or marine peace park. Last but not least, as suggested by Judge Choon-ho Park 18 years ago, the coastal states neighboring the South China Sea can also learn from the Canadian and American wisdom in dealing with their disputes over the ownership of Machias Seal Island that is situated about 10 miles off the northeast coast of Maine, U.S.A..."

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Created On: 11/26/2009 10:33
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