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  • 10 - Peaceful Resolution of Maritime Disputes and the UN Convention on the Law of the Sea

  • from Part IV - China, BRI and Resolution of Maritime Disputes
  • Edited by Wenhua Shan, Xian Jiaotong University, China, Sheng Zhang, Xian Jiaotong University, China, Jinyuan Su
  • Book:
    China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’
    Published online:
    03 March 2021
    Print publication:
    18 February 2021, pp 233-250

  • Summary

    It analyses the legal issues arising from state practice in the implementation of the UNCLOS, particularly relating to the practice in East Asia, concerning maritime dispute settlement. It discusses the general legal framework including in the UNCLOS and how the states in East Asia solve their disputes in a peaceful manner. Unlike Europe or America, the Asian cultures are quite divergent. Such divergence has different impacts on attitudes and policies of Asian countries towards the settlement of disputes. It may also be an obstacle to the regional integration of effective control of disputes as well as to the general acceptance of the international judicial bodies whose foundation was based basically on Western legal systems. The questions about ‘the efficacy of future global initiatives that are perceived to be Western in origin and orientation, and how they can be amenably incorporated into the legal systems and cultures of non-Western countries’ should be timely and properly answered.