Obligation to Negotiate in Resolving Maritime Delimitation Disputes
Keywords:
South China Sea disputes, Principle of Good Faith, Maritime Delimitation, NegotiationAbstract
Negotiation is an important part of disputes resolution mechanism under United Nations
Convention on the Law of the Sea (thereinafter UNCLOS). The duty to negotiate the maritime
delimitation disputes are governed, grosso modo, by two principles: Firstly, Article 74(1) and
83(1) require that parties are under an obligation to negotiate in good faith; Secondly, according
to Article 286 of LOS Convention, states should exhaust all possibilities to negotiate before a
court or a tribunal exercises its jurisdiction. However, in some circumstances, the final
boundary could not be reached thorough negotiate. In order to solve this problem, pursuant to
Article 74(3)/83(3), states are under an obligation to negotiate in good faith to conclude interim
arrangements, such as joint development zone or provisional boundary. As mentioned above,
China should negotiate in good faith with other interested countries, even if a final agreement
could not be reached, an appropriate interim arrangements shall be concluded.
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