Mô tả
Marius Gjetnes, Student of Law, Department of Public and International Law, University of Oslo.The principles of International Law have been thought to play a key role in resolving the dispute. Nevertheless neither legal processes nor political negotiations have so far been successful in dispute resolutions. Moreover the littoral States` acceptance of the United Nations Convention on the Law of the Sea (Hereinafter LOS Convention), and the Conventions entry into force in 1994, makes it most likely to assume that the legal rights put down in the Convention might be a major tool in solving the dispute. To what degree the States actually will comply with the provisions of the Convention is nevertheless uncertain, and moreover a question on the political level. Although the role of international law in the SCS dispute remains an unresolved issue, the principles of International Law might not even be sufficient to resolve the dispute. It seems worth mentioning though, that the dispute settlement provisions may have some impact on future maritime delimitation. A settlement of the SCS dispute might construct precedents, which could be of major importance in resolving similar disputes in the future.
