1. 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

2. 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

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

4. 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

5. 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)

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

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

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

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

13. 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

14. 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