This panel will provide a broader assessment of the implementation of the United Nations Convention on the Law of the Sea (UNCLOS) and other related international legal instruments across three of the region’s most consequential maritime areas: the South China Sea, the East China Sea, and the Yellow Sea. It will examine whether the Convention is being faithfully applied, identify the principal sources of tension and non-compliance, and consider the factors contributing to their escalation. The discussion will also explore what states and regional institutions can do to uphold UNCLOS as the governing legal framework for the region’s maritime zones and prevent it from being weakened or displaced by alternative arrangements that accommodate excessive claims in the name of “de-escalation,” which, in turn, could reward future transgressions. The session will also cover bilateral agreements and other arrangements such as the 2002 Declaration on the Conduct of Parties in the South China Sea, the 2008 Japan-China Agreement on Cooperation for the Development of East China Sea Resources, and the 2001 Agreement on Fisheries between the Republic of Korea and the People’s Republic of China, to assess their effectiveness, weaknesses and areas for improvement.
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