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GFPP 3733

INTERNATIONAL MARITIME POLITICS AND


ISSUES

TITLE FOR THE GROUP ASSIGNMENT:


Commented [U1]: Ejaaan pun salah
Maritime Dispute Resolution Mechanism for Spartly
Islands

Student Name Matric Number


MUHAMMAD AZRUL BIN RAHIM 238876
CITI ASIAH BT MAHIR 239731
MOHAMMAD IZWAN ISMAIL BIN ABD RAZAK 239791
AHMAD AMIRUL MUINUDDIN BIN ZULKIFLI 240244
LIEW YUN TING 240629

LECTURERS NAME: DR. MOHAMMAD ZAKI BIN AHMAD


SUBMIT DATE : 2 OCTOBER 2017
GROUP : 7
1.0 Introduction

Explanation about the background of the Spratly Islands which

included the location, size of the islands, and also the history.

Background of the South China Sea dispute - involved six different states which

included China, Taiwan, Malaysia, Vietnam, Philippines, and Brunei in disputing

the islands.

Why the disputes are considered a flashpoint of threatening peace and stability in

the region e.g. tension, friction, provocative actions, military skirmishes

2.0 Problem Statement

The Spratly Island disputes have been ongoing, for more than 50 years, with varying

degrees of intensity in terms of tensions and conflict. Explain more on this. Debate arises

on the reasons behind the failure of claimant States to seek final settlement of the disputes

are still fighting for the Spratly Islands, despite the fact that numerous dispute resolution

mechanisms have already been sanctioned by international community in the United

Nations Charter 1945 and other global instruments. One can argued that different claimants

states seems to have stronger preference in choosing certain types of mechanism that could

fulfil or maximize its national interests. ? There are two reasons behind for this dispute,

which are the resources and the strategic concerns. Even though these countries had come

out with few solutions in order to solve the dispute, they failed at the end as every state

could not reach to the agreement.

3.0 Research Questions

i. What is the background of the Spratly Islands dispute?


ii. What are the types of dispute resolution mechanisms for the Spratly Island disputes

based on LOS? Commented [U2]: LOS ini apa? You suppose to give full title
before you give the acronym. The reader cannot read your mind!!!!

iii. What are the advantages and disadvantages of these mechanism resolution that can used

by the claimant States?

iv. Why claimant States prefer or reluctant to adopt certain dispute resolution mechanisms

in the context of South China Sea dispute?

4.0 Research Objectives

This report objective is to provide the brief background of the Spratly Islands dispute.

i. To identify and discuss the dispute resolution mechanisms based on the Spratly Island

disputes.

ii. To assess the advantages and disadvantages of these mechanism resolution that can be

used by the claimant States.

iii. To examine the main reasons behind claimant States reluctance or preference for

certain dispute resolution mechanisms in the context of South China Sea disputes.

5.0 Profile of Spratly Islands Dispute

This section will be discuss in details in:

5.1 Topographical and Geographical Features

5.2 Social-Economic and Geostrategic Significance

5.2.1 XXXX

5.2.2 XXXX

5.2.3 XXXX

5.2.4 XXXX
5.3 Disputing Parties and their Claims

5.3.1 Malaysia

5.3.2 The Philippines

5.3.3 China

6.0 Dispute Resolution Mechanisms

The dispute resolution mechanisms that can be used by the claimant States are as followed:

6.1 Negotiation

6.2 Mediation

6.3 Conciliation

6.4 Arbitration

6.5 Adjudication

7.0 Advantages and Disadvantages of Dispute Resolution Mechanisms

7.1 Negotiation

7.2 Mediation

7.3 Conciliation

7.4 Arbitration

7.5 Adjudication

8.0 Claimant States Preference or Reluctance on Adopting Certain Dispute Resolution


Mechanism

8.1 Malaysia

8.2 The Philippines

8.3 China

9.0 Conclusion

Recommendations
Conclusion