2019
DOI: 10.1163/22134484-12340128
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Regional Customary International Law Related to China’s Historic Rights in the South China Sea

Abstract: In the customary international law system, there exist general customary international law and regional customary international law. Based on the general practice and opinio juris of the States surrounding the South China Sea, China’s historic rights which conclude historic title to all the maritime features in the South China Sea, and historic fishing rights and navigational rights, are regulated by regional customary international law. Due to the parallel relationship between this regional customary internat… Show more

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“…This issue is very controversial in academia. Some scholars highlight that according to UNCLOS and international practice, historic rights are not denied, but rather recognized and respected under general international law (Talmon, 2016;Talmon, 2018;Qu, 2021;Talmon, 2022a;Yee, 2016;Zou, 2016;Kopela, 2017;Wang, 2017;Whomersley, 2017;Chinese Society of International Law, 2018;Ma, 2018;Liu, 2019;National Institute for South China Sea Studies, 2020;Ding and Yang, 2020;Kopela, 2021). However, Some scholars argue that, a State's claim to historical fishing rights within EEZ of another State is subject to the latter's exclusive fishing rights in those waters (Bernard, 2021).…”
Section: The Court's Legal Standards To Determine the Existence Of Tr...mentioning
confidence: 99%
“…This issue is very controversial in academia. Some scholars highlight that according to UNCLOS and international practice, historic rights are not denied, but rather recognized and respected under general international law (Talmon, 2016;Talmon, 2018;Qu, 2021;Talmon, 2022a;Yee, 2016;Zou, 2016;Kopela, 2017;Wang, 2017;Whomersley, 2017;Chinese Society of International Law, 2018;Ma, 2018;Liu, 2019;National Institute for South China Sea Studies, 2020;Ding and Yang, 2020;Kopela, 2021). However, Some scholars argue that, a State's claim to historical fishing rights within EEZ of another State is subject to the latter's exclusive fishing rights in those waters (Bernard, 2021).…”
Section: The Court's Legal Standards To Determine the Existence Of Tr...mentioning
confidence: 99%