Concluding Bilateral and Regional Agreements relating to Maritime Disputes: Possible Implications for the Compulsory Dispute Settlement Mechanisms under the 1982 United Nations Convention on the Law of the Sea

Abstract

In the midst of recent complicated developments in the East Sea (South China Sea), ASEAN member states and China have concluded a number of bilateral and regional agreements to manage disputes and promote maritime cooperation. This demonstrates efforts of the parties to enhance trust, prevent conflicts, and create a favorable environment for dispute settlement. The conclusion of bilateral and regional agreements, however, also raises concerns over possible implications for the compulsory dispute settlement mechanisms under the 1982 United Nations Convention on the Law of the Sea (UNCLOS) as UNCLOS contains provisions that enable bilateral and regional agreements to preclude its compulsory procedures. This paper will look into the compulsory nature of UNCLOS dispute settlements mechanisms. It will then examine the conditions for bilateral and regional agreements to preclude UNCLOS compulsory dispute settlement mechanisms. Finally, it will assess possible implications of agreements that have been concluded between ASEAN member states and China in the South China Sea for the compulsory dispute settlements under UNCLOS.