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Legality of China's Actions in South China Sea

The document outlines a resolution from the International Tribunal for the Law of the Sea addressing China's maritime activities in the South China Sea, emphasizing violations of UNCLOS and escalating territorial conflicts. It proposes amendments to UNCLOS articles, reaffirms the 2016 PCA ruling, and suggests monitoring and environmental protection measures led by ASEAN. Additionally, it calls for the elimination of excess artificial islands and the establishment of a multilateral code of conduct to ensure peace and sustainability in the region.

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0% found this document useful (0 votes)
3 views4 pages

Legality of China's Actions in South China Sea

The document outlines a resolution from the International Tribunal for the Law of the Sea addressing China's maritime activities in the South China Sea, emphasizing violations of UNCLOS and escalating territorial conflicts. It proposes amendments to UNCLOS articles, reaffirms the 2016 PCA ruling, and suggests monitoring and environmental protection measures led by ASEAN. Additionally, it calls for the elimination of excess artificial islands and the establishment of a multilateral code of conduct to ensure peace and sustainability in the region.

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luis.r
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United Nations ITLOS/RES/2025

International Tribunal for the Law of the Sea

Distr.: General

May 11, 2025

7th Session of the Ashton School MUN 2025 Conference

Agenda item(s): 1

Topic: The legality of China’s maritime activity in the South China Sea under UNCLOS

Sponsors: The Commonwealth of Australia, the Kingdom of Belgium, the Federal Republic of

Germany, the Republic of India, the Republic of Indonesia, the State of Israel, the Republic of

Korea, the United Mexican States, the Republic of Panama, the United States of America.

_____________________________________________________________________

The International Tribunal for the Law of Sea,


Alarmed by China’s inconsistency with maritime trade in the South China Sea, breaking multiple

laws of UNCLOS,

Recognizing the escalation of the territorial conflict in the South China Sea,

Acknowledging China’s military expansion in foreign EEZs, regarding the overseas territory of

other nations,

Fully aware of the amount and importance of the maritime resources in the region, which come

not only from each nation's EEZs but also from their main territory,

Taking into consideration the implementation of artificial islands in the South China Sea,

Deeply concerned with the environmental implications of further uncontrolled exploitation of

resources and territorial disputes,

1. Calls for the amendment of articles in UNCLOS, including a legal vacuum within UNCLOS:

a.​ Amend article 60 to specify the numerical value of artificial islands permitted legally by

UNCLOS, a maximum of 5 islands per country,

b.​ Amend article 186 to specify jurisdiction for activities in the area regarding seabed

mining,

c.​ Amend article 61 to regulate activities that may impact biodiversity in the high seas,
d.​ Amend and further develop Article 4 to minimize disputes over the delineation of the

outer limits of the continental shelf,

e.​ Amend and further develop Article 196 to further develop UNCLOS to regulate new

technologies that could potentially harm the environment, such as deep-sea mining,

f.​ Amend and further develop Article 192 to apply further legal frameworks;

2. Reaffirms UNCLOS and the 2016 PCA Ruling as legally binding:

a.​ To invalidate China’s Nine-Dash Line,

b.​ Emphasizing and strengthening different UNCLOS articles, specifically 298, 121, 87, 56,

and 3;

3. Suggesting the monitoring of peace in the South China Sea region led by the organization

ASEAN:

a.​ Monitoring with satellite technology provided and funded by the Federal Republic of

Germany and the Kingdom of Belgium,

b.​ Satellites will be monitoring only over disputed waters,

c.​ Observed and helped by an outside party consisting of many delegates from a variety of

countries;

4. Expresses its hope for an international fund for the purpose of environmental protection and

solving the existing problems caused by the excessive construction of artificial islands:

a.​ The said fund will be controlled by the ASEAN, for it is them that are primarily affected

by this problem;
5. Calls upon the elimination of excess artificial islands in disputed waters outside their own

territory:

a.​ Strongly suggest that the already existing artificial islands be taken down outside their

territory,

b.​ Reminds of the consequences if these said artificial islands are not removed from said

disputed waters,

i.​ Consequences specified under UNCLOS,

c.​ Suggest the amendment of the number of artificial islands per country, including coastal

states;

6. Recommends a multilateral code of conduct with the South China Sea:

a.​ Suggesting the elimination of the use of force regarding nations in the area,

b.​ Strengthening UNCLOS Article 60 regarding the artificial island building,

c.​ Would refrain from militarization features of both parties, allowing for respective

freedom regarding navigation and overflight,

d.​ Seeks Environmental Impact Assessments and establishing Marine Conservation Zones

under UNCLOS article 192, mainly creating a global registry of environmental violations

in this region,

e.​ Regulates the economic and military activities of countries in the region for

peacekeeping.

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