Os conflitos no mar do sul da China à luz da convenção das nações unidas sobre o direito do mar

Abstract

The South China Sea is a region spot of one of the most significant judicial conflicts nowadays. Due to its intricate geography, with several islands, archipelagos, straits and channels, as well as its diverse attractions, such as the existence of natural resources and its importance as a commercial route, the states that surround it make claims about their waters which end up overlapping. In this context, the United Nations Convention on the Law of the Sea is revealed as the legal instrument applicable to the dispute, due to the fact that it defines and regulates maritime zones. Therefore, the main objective of the paperwork is to analyze the disputes that currently take place in the South China Sea in the light of the UNCLOS, identifying the most prominent aspects of the region, including the claims made by the States involved in the confrontation and examining how the International Tribunal for the Law of the Sea can act as a mechanism to resolve this controversy. To achieve this purpose, the methodology used consisted of bibliographic research and literature review of articles, journals, scientific works and monographs, as well as documentary research on legal instruments and judicial decisions concerning the theme. In conclusion, it was possible to verify that given the presence of ambiguities in the text of the Convention and the choice of States not to judicialize their disputes, UNCLOS and its mechanisms have not proved to be sufficiently efficient in obtaining solutions to disputes in the South China Sea.