The United Nations Convention on the Law of the Sea(UNCLOS)was adopted some forty-two years ago.This research examines the practices concerning Article 76 and 121 of UNCLOS from five perspectives:provisions of UN-CLOS,mechanisms and institutions of UNCLOS,particular sea areas,problems related to all mankind,and problems related to China.Specifically,this research will address four situations regarding the practice of the Commission on the Limits of the Continental Shelf(CLCS)and Arbitration under Annex Ⅶ.Firstly,by employing Oki-no-tori-Shima,Japan has abused Article 76 in an attempt to illegally claim exclusive economic zone,continental shelf and outer continental shelf.Secondly,Chi-na and Korea temporarily used the CLCS forum to guard the common heritage of mankind.Thirdly,the Philippines abused the Annex Ⅶ Tribunal procedure by initiating the South China Sea Arbitration to,inter alia,misinterpret Article 121 of UN-CLOS.Fourthly,Article 121 of UNCLOS suffers from double standards in interpretation and application.Through the case study,this research reaches its conclusion that,under the US-led"anti-China campaign",the regime of islands under Arti-cle 121 of UNCLOS have been"weaponized"against China only.
UNCLOSTreaty InterpretationCLCSAnnex Ⅶ ArbitrationRegime of Islands
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维普
