How does UNCLOS 1982 guide South China Sea issue resolution?

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UNCLOS 1982 Provides a Framework for Peaceful South China Sea Dispute Resolution

The United Nations Convention on the Law of the Sea (UNCLOS) 1982 serves as the foundational international legal instrument guiding the peaceful resolution of matters in the South China Sea. It establishes universally recognised principles for maritime boundary disputes and resource allocation, underscoring the importance of maintaining the South China Sea as a region of peace and trade. Malaysia, for instance, has consistently affirmed its commitment to resolving these complex issues constructively through appropriate diplomatic forums and channels, aligning with the tenets of UNCLOS.
UNCLOS 1982 Defines Maritime Zones and Rights

UNCLOS 1982 delineates various maritime zones, including territorial seas, contiguous zones, exclusive economic zones (EEZs), and continental shelves. For coastal states like Malaysia, these zones grant specific sovereign rights and jurisdiction. Within its EEZ, extending up to 200 nautical miles from its baselines, a coastal state has sovereign rights for the purpose of exploring, exploiting, conserving, and managing natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil. This framework is crucial for managing resources such as oil, gas, and fisheries within national jurisdictions.
Dispute Resolution Mechanisms are Outlined within UNCLOS

The Convention provides a comprehensive system for the peaceful settlement of disputes relating to its interpretation or application. UNCLOS 1982 mandates that parties to a dispute shall seek a solution through peaceful means, including negotiation, mediation, arbitration, or judicial settlement. While the specific details of these mechanisms are extensive, the overarching principle is to encourage dialogue and legal recourse over unilateral actions, promoting stability in contested maritime areas.
China Adheres to UNCLOS for its Activities

China, in its engagement with South China Sea issues, states its commitment to a dual-track approach. This approach involves upholding the principle of equality among nations in resolving disputes peacefully through negotiation and consultation with all concerned countries. Furthermore, China asserts that its oil and gas development and fishing activities within the South China Sea are conducted strictly within its own jurisdictional waters, in accordance with international laws including UNCLOS 1982 and its domestic legislation. This stance, however, is viewed differently by other claimant states who point to alleged encroachments into their maritime territories.

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How does UNCLOS 1982 guide South China Sea issue resolution?

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