Territorial Disputes in the South China Sea: Legal Implications and Global Consequences

  • Siddhi Uday Amre
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  • Siddhi Uday Amre

    Student at Christ Academy Institute of Law, India

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Abstract

The South China Sea has become a focal point of geopolitical tension, characterized by overlapping territorial claims, competing national interests, and strategic concerns. This abstract provides a succinct overview of the complex nature of the territorial disputes in the South China Sea, highlighting key historical, legal, and geopolitical dimensions. Old maps, customary fishing grounds, and historical claims are the origins of the territorial disputes in the South China Sea. Many countries claim sovereignty over islands, reefs, and waterways, including Brunei, Malaysia, China, Vietnam, the Philippines, and Taiwan. This has resulted in complex and overlapping territorial claims. The United Nations Convention on the Law of the Sea (UNCLOS) is the main international legal framework controlling maritime rights and obligations. However, the continued disputes in the South China Sea are exacerbated by divergent interpretations of UNCLOS clauses and the lack of a comprehensive regional accord. The South China Sea's strategic significance for commerce routes, access to essential resources, and military positions raise the geopolitical stakes. Significant world powers are involved in the conflict, affecting the region's dynamics and the balance of power, including the United States. The situation is further complicated by China's forceful actions in the disputed waters and its growing presence. . The situation is further complicated by China's forceful actions in the disputed waters and its growing presence. Several sovereign entities in the region, including Brunei, the People's Republic of China, Malaysia, the Philippines, and Vietnam, have island and marine claims in the South China Sea. According to the 2002 ASEAN-China Declaration on the Conduct of Parties in the South China Sea, the parties agree to refrain from actions that could intensify or aggravate the region's issues. China, Malaysia, the Philippines, and Vietnam have all carried out reclamation projects and built installations and structures on occupied features in the Spratly Islands, despite the fact that these actions would appear to violate this clause.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 6, Page 1192 - 1206

DOI: https://doij.org/10.10000/IJLMH.118614

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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