Dissertations / Theses on the topic 'South China Sea International status'
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1
Bentley, Scott. "China's New Maritime Legal Enforcement Strategy in the South China Sea: Legal Warfare and an Emerging Contest Over Norms at Sea." Ohio University / OhioLINK, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1352918934.
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Hinton, Joseph R. "From SEATO to ASEAN: Prospects for Collective Security in Southeast Asia." Scholarship @ Claremont, 2016. http://scholarship.claremont.edu/cmc_theses/1255.
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Recent developments in the South China Sea have shed light on the motivations and capabilities of China. A multilateral ASEAN defense community based on collective security would better situate claimant states to offset a rising China. Unfortunately, the lessons learned from SEATO, and the current internal characteristics of ASEAN, leave little hope for collective security to be achieved in Southeast Asia without superpower intervention.
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Roberts, Anthea Elizabeth. "Is International Law International?" Phd thesis, Canberra, ACT : The Australian National University, 2017. http://hdl.handle.net/1885/124611.
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International lawyers are familiar with the question:
“Is international law law?” But this thesis instead asks the
question: “Is international law international?” Using a
variety of methods, this work sheds light on some of the ways in
which international law as a transnational legal field is
constructed by international law academics, and is conceptualized
in international law textbooks, in the five permanent members of
the Security Council: the People’s Republic of China, the
French Republic, the Russian Federation, the United Kingdom of
Great Britain and Northern Ireland, and the United States of
America. It explores how different national communities of
international lawyers construct and pass on their understandings
of “international law” in ways that belie the field’s claim
to universality, perpetuating certain forms of difference and
dominance. By adopting a comparative approach, it aims to make
international lawyers more aware of the frames that shape their
own understandings of and approaches to the field, as well as how
these might be similar to or different from the frames adopted by
those coming from other states, regions or geopolitical
groupings. It also examines how some of these patterns might be
disrupted as a result of shifts in geopolitical power, such as
the movement from unipolar power toward greater multipolarity and
the growing confrontations between Western liberal democratic
states (like the United States, the United Kingdom, and France)
and non-Western authoritarian states (like China and Russia).
4
Jackson, John W. "China in the South China Sea genuine multilateralism or a wolf in sheep's clothing?" Thesis, Monterey, California. Naval Postgraduate School, 2005. http://hdl.handle.net/10945/9984.
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The South China Sea claimants base their claims on ancient documentation and archeological evidence. However, they largely ignored the territories until the 1960s, when natural resources speculations began. The 1982 UNCLOS magnified interest as claimants hoped to extend exclusive economic rights from their claims rather than continental coastlines. Another possible factor behind Chinese claims is the theory that Beijing desires to establish Chinese hegemony in the region. Beijing's shift from bilateral diplomacy and military aggression to multilateral diplomacy has created debate among Sinologists. Many argue China lacked the power necessary to assert its claims and now can finally attempt assertion again, thus the naval buildup. Others argue that natural resources drive China's SCS policy and still others believe bureaucratic infighting drives policy. Economic data shows a possible causal relationship between trade and China's political behavior. The 1996 U.S. Presidential campaign slogan, "It's the economy stupid," apparently applies to Beijing's SCS approach as well. The U.S. approach to the disputes remains one of ambivalence. As long as the United States maintains freedom of navigation through the area, Washington should remain concerned but uninvolved. Beijing largely feels the same way, with the important addition of guaranteeing access to the region's natural resources.
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Durani, Luis A. "China and the South China Sea: The Emergence of the Huaqing Doctrine." Thesis, Virginia Tech, 2015. http://hdl.handle.net/10919/64376.
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China and the South China Sea region will play an important role in global and US strategic policy for the foreseeable future. Because China is an upcoming global economic power, the US and other nations must become cognizant of China's motivations in the South China Sea in order to avoid conflict, which seems inevitable. The purpose of this thesis is to examine China's conflicts/tensions in the South China Sea, specifically the Spratly Islands, Paracel Islands, Taiwan, ASEAN, and US Navy. Discussions on the evolution of the People's Liberation Army Navy (PLAN) will also provide additional insight to China's actions in the region. Understanding China's history, role, and claims in the region begins to paint a picture that the PLAN are operating under a principle very similar to the Monroe Doctrine, which allowed the US unfettered access to the Caribbean Sea and Gulf of Mexico. Lastly, the thesis will demonstrate that the Chinese version of the Monroe Doctrine as well the country's desire to establish dominance in the South China Sea, which she sees as her "lost territory", is derived from the fear of an encirclement strategy implemented by the US and a nascent US-backed collective security regime, ASEAN.Master of Arts
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Sandy, Jordan M. "Chinese Nationalism and the South China Sea." Wright State University / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=wright1598620673257404.
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Tackett, Trevor M. "China-Philippine Joint Explorations| The Future of Competition and Cooperation in the South China Sea." Thesis, The George Washington University, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10822348.
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The South China Sea has long been a region of competition and tension. In the Spratly Islands alone, Brunei, China, Malaysia, the Philippines, Taiwan, and Vietnam maintain disputing claims to the region’s land features and surrounding maritime territories. Some argue that ongoing negotiations between China and the Philippines toward joint explorations of one of these disputed regions could be the key to promoting greater cooperation amongst the other claimants. These arguments, however, do not consider other elements of the international system that drive states to compete. Looking specifically at China, the Philippines, and the United States, this thesis analyzes joint explorations within the framework of motivational realism to understand the interaction of relevant historical elements, state objectives, and state estimations of one another’s power, offense-defense balance, and motives—greedy or security-seeking. The thesis then examines the specific case of joint explorations to understand historical, domestic, and international legal components restricting the pathways within which the two states could reach an agreement. Finally, this thesis concludes that, due to domestic constraints, international legal developments, state objectives, and the way in which China, the Philippines, and the United States assess one another’s motives, the South China Sea will likely remain a region of long-term competition and tension.
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Nguyen, Lan-Anh Thi. "The South China Sea dispute : a reappraisal in the light of international law." Thesis, University of Bristol, 2008. http://hdl.handle.net/1983/2aca0802-4fc2-400e-bcf4-e9bc3000dca1.
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Johnson, Adam Nieves. "A Bilateral Analysis of the South China Sea Dispute: China, the Philippines, and the Scarborough Shoal." FIU Digital Commons, 2012. http://digitalcommons.fiu.edu/etd/661.
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The South China Sea is a sea with strategically important shipping lanes, an abundance of maritime resources, and potentially large amounts of oil and gas deposits. Because of the significance of the sea, China has claimed almost all of it, which has caused the Association of Southeast Asian Nation members (ASEAN) whose countries surround the sea (Vietnam, Singapore, Indonesia, Malaysia, Brunei, and the Philippines) to take a stance against the encroachment. The most important non-Chinese claimant in the dispute is the Philippines, which shares a mutual defense treaty with the United States. The dispute has been analyzed from a bilateral perspective between China and the Philippines. A theoretical analysis of the dispute has been conducted through a Neorealist paradigm. How the two countries define international law and engage in diplomatic and military policies has also been closely examined. China has not sought foreign intervention whether from a nation or international organization, while the Philippines has preferred as much multilateralism as possible. A recent Scarborough Shoal dispute between the two countries has changed the dynamic of the dispute, and in examining the event and its outcome an inevitable conclusion of military action has been reached.
10
Donahue, Connor Patrick. "Mare Imperium: the Evolution of Freedom of the Seas Discourse in U.S. Foreign Policy." Diss., Virginia Tech, 2020. http://hdl.handle.net/10919/100305.
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This dissertation conducts a genealogy of freedom of the seas discourse in United States foreign policy in order to problematize the contemporary representation lying at the heart of American political-military strategy in the Western Pacific. This project aims to accomplish two goals. First, this project aims to show that freedom of the seas is not an enduring historical principle consistently championed by the United States, as is often claimed in contemporary governmental publications. Rather, it shows that the current understanding is a recent phenomenon that emerged after the Second World War. By highlighting the contingency of the contemporary understanding of freedom of the seas, this work seeks to show that such discourse is not a necessary foundation on which to place American political-military strategy. The second objective of this genealogical analysis is to show that the contemporary freedom of the seas discourse in U.S. foreign policy is not an altruistic principle championed on behalf of the global community, but rather facilitates American control over the global ocean space. By showing that freedom of the seas is a mechanism of sea control, this work aims to show that in an era of maritime great power competition, strategies predicated upon the discourse are more dangerous than would otherwise appear. Together, this genealogical analysis, and the two goals that are made possible by it, will make a substantive contribution to the critical strategic studies literature, in conjunction with the wider critical security studies literature, by showing that American political-military strategy in the South China Sea can and should be reconceptualized.Doctor of Philosophy
Currently, the United States is locked in a fierce competition with China in the South China Sea. The United States believes that Chinese actions in the region, such as claiming large swaths of maritime territory, constructing militarized artificial islands, and deploying weaponry designed to endanger American forces operating in the region, violates the principle of freedom of the seas. The United States asserts that it has consistently championed the principle freedom of the seas because it is the essential foundation of international peace and prosperity. Due to this, the U.S. claims that it will continue to defend the principle of freedom of the seas against Chinese depredations. However, this dissertation argues that the United States' political-military strategy in the Western Pacific is misrepresenting the concept of freedom of the seas and therefore failing to see the dangers at stake in the regional confrontation. To show this, this work writes a history of how the concept of freedom of the seas has been used in U.S. foreign policy over the course of American history. Such a history shows that the concept of freedom of the seas has not been consistently championed by the United States and is not an altruistic principle defended on behalf of international peace and prosperity. Instead, this project shows that the concept of freedom of the seas is used by the United States to facilitate control over the world's oceans on behalf of U.S. interests. It is problematic to portray the pursuit of American national interests as a universal altruistic good because it does not leave room open for compromise. In a time where China is rapidly developing their military forces to control sea themselves, basing American political-military strategy on the concept of freedom of the seas is increasingly dangerous.
11
Garcia, Zenel. "China's Military Modernization, Japan's Normalization and its Effects on the South China Sea Territorial Disputes." FIU Digital Commons, 2014. http://digitalcommons.fiu.edu/etd/1315.
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China’s military modernization has allowed it to take a more assertive position on the territorial disputes it currently has with Japan and its Southeast Asian neighbors. The South China Sea (SCS) dispute is a clear example. Meanwhile, Japan is normalizing its military status to play a more proactive security role in the region. Japan’s normalization process has been greatly influenced by China’s growing military capabilities as it fears that China could pose a threat to its sea lanes of communications. Although Japan does not have territorial claims in the SCS, it regards the SCS as a strategically vital area. It is this particular concern that has brought Japan into the current territorial disputes in the SCS. This thesis analyzes how Japan has tried to forge partnerships with Southeast Asian countries in the form of foreign aid and the provision of military equipment and training that can potentially offset China’s assertiveness.
12
Bentley, Scott. "Southeast Asia Responds to China’s Maritime Law Enforcement Strategy: Balancing a Perceived Threat by Responding in Kind." Ohio University / OhioLINK, 2013. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1366802087.
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Pålstam, Alexander. "What are the Difficulties in Settling the South China Sea Dispute : Obstacles to Dispute Settlement Through the Lens of Liberal and Neo-Realist IR Theory." Thesis, Linnéuniversitetet, Institutionen för statsvetenskap (ST), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-79873.
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Sovereignty over the South China Sea waters and the territorial features therein has been a contentious issue since at least the 1970’s, with conflicting claims going back even further. Key concepts of Liberal and Neo-Realist International Relations Theory are used to assess respective theory’s explanatory capability for why the South China Sea Dispute is difficult to settle. The scope of the study is limited to three pairings of international relations: China-Philippines, China-Vietnam and China-USA. The analysis concerns the development of these sets of international relations from 2016 up until now. The findings point to unilateral action by one claimant in the face of contesting claims by another as being one of the main factors perpetuating the conflict. Treaties and international law are designed with Liberal development of international relations in mind, but in practice Neo-Realist hard power politics interrupts this development. Examples of disruptive action include attempts to unilaterally exploit natural resources in the region, settling features in the sea, doing construction work on features in the sea, as well as regular FONOPS conducted by navy ships in the region. Finally, there are difficulties settling on a mechanism for sovereignty settlement, as China makes its claims based on historic- or historical claims, rather than international law as it is written out in UNCLOS.
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Chung, Christopher Humanities & Social Science Australian Defence Force Academy UNSW. "The Spratly Islands dispute : decision units and domestic politics." Awarded by:University of New South Wales - Australian Defence Force Academy. School of Humanities and Social Science, 2004. http://handle.unsw.edu.au/1959.4/38658.
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This thesis presents a cross-national, cross-regime examination of foreign policy decision-making in the Spratly Islands dispute, focusing on China, Malaysia and the Philippines. It argues that how and why these countries have acted in particular ways towards the dispute relates to the relationship among foreign policy decision-making, government behaviour and domestic politics. The theoretical foundation of the study is foreign policy analysis. It applies the decision units approach advanced by Margaret and Charles Hermann and Joe Hagan to investigate who made foreign policy decisions on the Spratly Islands dispute in the three countries during the period 1991-2002, and how this influenced government behaviour. In addition, the contextual influence of domestic politics is considered. Four case studies inform the empirical analysis: the approaches taken by Malaysia and the Philippines to bolster their respective sovereignty claim, China???s establishment of a comprehensive maritime jurisdictional regime covering the Spratly Islands among other areas, China-Philippines contestation over Mischief Reef and the development of a regional instrument to regulate conduct in the South China Sea. Three conclusions are drawn. First, the decision units approach identifies the pivotal foreign policy decision-makers in each of the countries examined and the process involved. Second, it explains the relationship between decision unit characteristics -- self-contained or externally influenceable -- and each government???s behaviour towards the dispute. Injecting domestic politics into the analysis highlights motivations of and constraints faced by decision-makers, conditioning the form and content of government action. Third, it demonstrates a low predictive capability: the ???fit??? between hypothesised and actual government behaviour is poor. While it is not a comprehensive analytical tool, the combined decision units-domestic politics approach offers deeper insight into government decisions and behaviour on the Spratly Islands dispute than hitherto reported in the literature.
15
Weissmann, Mikael. "Understanding the East Asian Peace : Informal and formal conflict prevention and peacebuilding in the Taiwan Strait, the Korean Peninsula, and the South China Sea 1990-2008." Doctoral thesis, University of Gothenburg, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:fhs:diva-5166.
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The overall purpose of this dissertation is to provide an empirical study of the post-Cold War EastAsian security setting, with the aim of understanding why there is an East Asian peace. The EastAsian peace exists in a region with a history of militarised conflicts, home to many of the world'slongest ongoing militarised problems and a number of unresolved critical flashpoints. Thus, thepost-Cold War East Asian inter-state peace is a paradox. Despite being a region predicted to be ripefor conflict, there have not only been less wars than expected, but the region also shows severalsigns of a development towards a more durable peace. The dominant research paradigm –neorealism – has painted a gloomy picture of post-Cold War East Asia, with perpetual conflictsdominating the predictions. Other mainstream international relations theories, too, fail to accountfully for the relative peace. One of the greatest problems for mainstream theories, is accounting forpeace given East Asia's lack of security organisations or other formalised conflict managementmechanisms. Given this paradox/problem, this dissertation sets out to ask "Why is there a relativepeace in the East Asian security setting despite an absence of security organisations or otherformalised mechanisms to prevent existing conflicts from escalating into violence?" In order to answer this question, the case of East Asian peace is approached by comparingthree embedded case studies within the region: the Taiwan issue, the South China Sea, and theKorean nuclear conflict. It explores the full range of informal and formal processes plus the ConflictPrevention and Peacebuilding Mechanisms (CPPBMs) that have been important for the creation ofa continuing relative peace in East Asia between 1990 and 2008. The study furthermore focuses onChina's role in the three cases, on an empirical basis consisting of interviews conducted with keypersons during more than 1.5 years fieldwork in China. The three cases show that informal processes exist, and that they have furthermore beenimportant for peace, both by preventing conflicts from escalating into war, and by buildingconditions for a stable longer-term peace. Their impact on the persistence of peace has been tracedto a range of different CPPBMs. Returning to the level of the East Asian case, a common feature ofmany of the identified processes is that they can be understood as aspects or manifestations of theEast Asian regionalisation process. Specifically, elite interactions (personal networks, track twodiplomacy), back-channel negotiations, economic interdependence and integration, and functionalcooperation have together with (China's acceptance of) multilateralism and institutionalisation (ofpeaceful relations) been of high importance for the relative peace. Whereas formalised conflictmanagement mechanisms and the U.S. presence have also contributed to peace, this dissertationshows their contribution to be much more limited.
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Tang, Shiu-Chu, and 唐旭初. "To Study the Law Status ROC in the South China Sea Islands by International Law's View." Thesis, 1995. http://ndltd.ncl.edu.tw/handle/41478353767686932148.
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Hsu, Jin-zu, and 許靜芝. "The Research of South China Sea disputes in International Realism." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/15370616863174857468.
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碩士國立中山大學
大陸研究所
94
In regard to “The disputes of the South China Sea”, Taiwan and China hold similar positions and advocacies. The complicity of the South China Sea sovereignty was mainly caused by the geopolitics of the East Asia region and the potential economic resources in the area. After the Cold War, the changing status of affairs in the Southeast Asia region and the arrangement of power from neighboring nations have made the dispute over the South China Sea a critical conflicting regional hot spot. America, China, Japan and other great powers have been very concerned about the conflicts of the region due to the potential vast amount of sea mineral resources and freedom of navigation of the international waters. At present, the common consensus of the claiming nations over the South China Sea dispute is to leave aside the dispute of sovereignty and jointly develop this region. However, under the so-called “Peaceful” dialogue, most claming countries were building military facilities behind each other’s back. Basically, the idea of “Joint Development” was an excuse for the balance of power. The expectation of this thesis is to find the answers of the following functions. First, the status quo of the South China Sea and the sovereignty asserts from the claiming states, and the use of the resources and interests of the claiming states will be analyzed. Second, the true intention and reason of ASEAN helping the claiming states to solve the South China Sea dispute will be examined. Third, the evaluation of China’s interests over South China Sea should be explored. Fourth, what are the views from the U.S. and Japan on the disputes. Finally, what strategy that Taiwan should adopt in order to depend the national interests.
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YANG, CHUN-LING, and 楊俊陵. "The Resolution of the South China Sea Contention by International Law: A Case of The Philippines Instituted the South China Sea Arbitration." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/prbak2.
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碩士國防大學
戰略研究所
105
The South China Sea had became one of hot spots of global conflict, except of historical disputes and geographical characteristics, the main reason is derived from its value and importance. It causes decades of controversy, and even lead to military conflict. When States compete for the interests of the South China Sea, they according to the international law and the law of the sea as the basis for rationalization of their claims and enhance the legitimacy of their behavior. However, due to the tremendous economic interests of the South China Sea region, as well as the sound of the internal political considerations, making the parties are not willing to seek for solutions through judicial or arbitration. Various factors made the dispute more complicated in South China Sea, and increased the difficulty of the way through the international law to resolve disputes. The 2012 Huangyan Island incident triggered a conflict between China and the Philippines, it prompted the Philippines decide to propose international arbitration under the United Nations Convention on the Law of the Sea. After the commencement of the case, the PRC adopted various means to highlight its sovereignty. However, due to the PRC treated it indifference on the argument and legal struggle of international law, the legal team of the Philippines was able to win the arbitration under the carefully crafted litigation strategy, causing the PRC’s basic claim of the "Nine-dashed Line" was denied.. But, because of the international anarchy, there is no mechanism beyond the states or the powers to implement the ruling which can execute the result of the arbitration, so that the PRC is able to continue adhering its claim and expansion operations in the South China Sea. After the arbitration, all claimant countries have shown goodwill to the PRC, the maintenance of the international rule of law is not the primary concern for all countries. The pursuit of interest is the most important factor in the state's decision-making strategy. The ideal of liberalism is still difficult to break through the framework of realism.
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Peng, TsengHong, and 彭增洪. "Asian Seas International Acoustic Experiment--Ambient Noise Study in South China Sea." Thesis, 2003. http://ndltd.ncl.edu.tw/handle/10331134591811689271.
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Ku, Chih-Wen, and 顧志文. "Joint Development of Hydrocarbon Deposits in the South China Sea: International Legal Perspective." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/h675sw.
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博士國立臺灣師範大學
政治學研究所
105
The significances of the South China Sea are the potential hydrocarbon deposits reserved, sea lines of communication and productive living resources. These are the reasons the claimants to the South China Sea claim sovereignty over the maritime features and their surrounding waters. Claims are based on historical evidence, pre-occupation or the United Nations Convention on the Law of the Sea. Recently all claimants have been bolstering some infrastructure on their maritime features such as airstrips, radar systems and harbors for vessels. This behavior complicates the situation. Thus, this thesis answers the following questions: firstly, what is the geopolitical situation in the South China Sea and the reasons for the disputes? Secondly, what is Joint Development of Hydrocarbon Deposits and some of its history of successful implementation; thirdly, the analysis of the applicability of Joint Development of Hydrocarbon Deposits in the South China Sea. Fourthly, how can Joint Development Agreement be applied in the South China Sea? The findings are as follows, firstly, Joint Development of Hydrocarbon Deposits are an appropriate way to address disputes in the South China Sea because it doesn’t touch sovereignty issues and is just a method to jointly explore and exploit the hydrocarbon deposits of the South China Sea. Also, since Joint Development of Hydrocarbon Deposits only deals with sovereign rights, the Republic of China can still enjoy the right to be involved in any Joint Development of Hydrocarbon Deposits agreements. Secondly, Claimants lack mutual trust. Successful implementation of Joint Development of Hydrocarbon Deposits is a way to garner mutual trust. Reviving the 2005 tripartite agreement on the Reed Bank would serve as a good model for claimants to deal with disputes. Three suggestions emanating from my research are: the first one is if the tripartite agreement is to work, the Republic of China will have to participate under the aegis of a private oil company as opposed to a participation of the government. Secondly, Joint Development of Hydrocarbon Deposits is a way for all claimants not only to cooperate with each other but also to appease sovereignty conflict. The said actions could contribute to mutual trust thereby leading to further cooperation. Thirdly, conducting meetings as dual meetings can stabilize the situation and create the peaceful and prosperous environment on the South China Sea.
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YANG, CHUN-LIANG, and 楊竣喨. "Discusses mechanism of the international law of the sea conflict solution from the South China Sea arbitration document." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/ynn2j6.
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碩士國立臺灣海洋大學
海洋法律研究所
106
Abstract This article first elaborates on the sovereignty of the of the South China Sea and its claims. To explore international arbitration: rights and obligations under general, regional or bilateral agreements and to mediate conflicts between States to settle disputes. On the history of the history of the sea area of the case, to control the two sides of the South China Sea waters of the historical waters and the "U-shaped line" of the relevant research, and then on the cross-strait policy of the development of the South China Sea. South China Sea Arbitration Analysis: South China Sea Arbitration of the proposed timetable, the Philippines South Sea arbitration case on the cross-strait policy of the South China Sea, the subsequent development of arbitration results, China's South China Sea policy dilemma and response. And then explore the South China Sea dispute settlement mechanism and the possibility of cooperation, but the two sides of the South China Sea cooperation is the largest profits. The South China Sea is rich in oil, natural gas and a variety of mineral resources, it has become the waters of neighboring countries compete for. In recent years, the dispute over the South China Sea is mainly by the Philippine Parliament through the "territorial waters line bill", the Huangyan Island and the Nansha Islands part of the island reef is divided into Philippine territory. The Malaysian government submits to the Congress a continental shelf amendment bill as a legal basis for submitting EEZ and continental reefs to the United Nations. Making the South China Sea issue from the territorial and territorial disputes, evolved into marine resources and energy contention; the South China Sea dispute has become the fuse of Asia-Pacific security. Taiwan has sovereignty over the territory of the South China Sea. China's fishermen who have been fishing for a long time in the South China Sea have frequently suffered from illegal detention in the Philippines and Vietnam, not only harming the fishermen's economy in China, but also endangering the lives of fishermen, based on national interests and territorial sovereignty. The 1945 United Nations Charter gives States the obligation to settle peacefully with each other in an agreement with each other and the freedom to choose a peaceful solution to the dispute. In 1982, UNCLOS further recognized the norms of peaceful settlement of disputes under the Charter of the United Nations and, with respect to the principle of national sovereignty, specifically set out a set of dispute settlement provisions for the maintenance of the stability of the world's maritime law.
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Liang, Ming-Hua, and 梁銘華. "The ROC claimed "Historic Waters" in the South China Sea: A View of International Law." Thesis, 1998. http://ndltd.ncl.edu.tw/handle/33568567351108543763.
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碩士淡江大學
東南亞研究所
86
The ROC government claimed that the water of the South China Sea enclosed by the "U"-shaped line is the ROC''s historic waters is 1992. Moreover, in the Guideline for Nanhai (South China Sea) policy approved by the ROC Executive Yuan in April 1993, the water enclosed by the "U"-shaped line are claimed again as the ROC''s historic waters and subject to the jurisdiction of the ROC. The ROC claim to nearly 80% of the South China Sea as its historic waters. This claim will have a trmendous impact on the future delimitaton of maritime boundaries in the area. There are six states claim title to all or part of the South China Sea--the ROC, the PRC, the SRV (Socialist Republic of Vietnam ), the Philoppines, Malaysia, and Brunei. ROC''s claim will deepen animosity among the six claimants and there is an urgent need to explore the issue thoroughly. This thesis will examine the legal status regarding Taiwan''s claim to the waters of the South China Sea enclosed by the "U"-shaped line as its historic waters. This thesis is divided into five chapters except introduction and conclusion. The summary of each chapter will be described in the following paragraphs: Chapter1: South China Sea Surrounding and ROC''s "Historic Waters" Claim. In this chapter will discuss the claims of the ROC and introduce briefly about the South China Sea''s situation, water, territorial sea dispute, and internaional political. Chapter2: The concept of "Historic Water" . The major issue of this chapter is dealing with domestic and abroad scholars'' atudies and UN Secretariat''s two preparatory documents, that was published in 1957 and 1962, about Historic bay (Water). The prupose of discussing forenamed issues is to find out what is the general concept of Historic Waters. Chapter3: Whether the "Historic Water" is internation Law Standard. This chapter is to exmine "Historic Water" by using the source of International Law---Common International Law and Treaty Law. In dealing with Common Law, this chapter will discuss and examine the State Practices regarding "Historic Water"(including Historic Bay and Archipelago) in the world. Chapter4: The Evaluaton of ROC''s "Historic Water" Claim. Using preamble concepts to evaluate the legal status of "Historic Water" of South China Sea claimed by ROC. There are two main issues: (1)What is "U"-shaped line; (2)the legal status of the waters enclosed by the "U"-shaped line, namely, whether the "U"-shaped line is "Baseline" or it''s not and whether the waters enclosed by the "U"-shaped line is ROC''s "Historic Water" or it''s not. Chapter5: The Principles of deal with Martime Dispute in South China Sea. After Studying, I found out that ROC government couldn''t claim Historic Waters and "U"-shaped line in the South China Sea. The maritime rights of South China Sea depend depend on the authority of islands of South China Sea.
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Lai, Chien-Chih, and 賴建志. "A Study on the Legal Status of Taiping Island─Focus on The South China Sea Arbitration." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/marq27.
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碩士中央警察大學
水上警察研究所
105
Since the judgment of The South China Sea Arbitration was confirmed, the domestic public opinion ran high, and the standard of the arbitration court was questioned. The arbitrators didn’t seem to understand the real state of Itu Aba Fully. They believed what the Philippines said and handed out. In order to understand the case, we have to check the standard of the case and what the Philippines’ positions are . When it come to how to define islands, we must have a discussion about the regime of islands. We focus on 1982 the United Nations Convention on the Law of the Sea, look over its legislative reason and analyze the element of the island and definition. After Understanding the definition of the island, we have a discussion about the right of the island and how we deal with the problem of overlapping the area among the countries, and what roles the island act, what the influence is and various factors we have to take into consideration. After understanding tentatively, we can carry on the discussion about the arbitrating case of the South China Sea. We will discuss the position of the Philippines, People’s republic of China and Republic of China, and how they prove the legal status of Itu Aba. The arbitral tribunal’s position is also important, which will influence how we define the legal status of an island. Itu Aba is judged as a rock, which means that Itu Aba doesn’t have its own exclusive economic zone and continental shelf, and that seriously infringes our country’s sovereignty right. So if Itu Aba is judged as an island, what will we obtain? For example, we can have our own exclusive economic zone and continental shelf, which provide us the right of managing and exploiting the petroleum and fisheries resources. Besides, the fast development of People’s republic of China make the countries around east and south-east Asia. What steps People’s republic of China will take is concerned by those countries. Lastly, like Itu Aba, Okinotorisima of Japan also has the same problem about its legal status. How it will be judged is probably influenced by the case of Itu Aba. So Okinotorisima of Japan is an island or a rock,which is worth thinking deeply. No matter how it’s defined, the result will have a huge impact on the area of Asia and the Pacific Ocean.
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Chiu, Chia-Lin, and 裘家麟. "The Status of the Permanent Court of Arbitration:With Special Reference to the South China Sea Arbitration." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/26bg6s.
Full textAbstract:
碩士國立中興大學
法律學系碩士在職專班
106
The South China Sea arbitral award rendered by the Permanent Court of Arbitration (PCA) in Hague has raised so many controversies that in the end it was abandoned by both parties, namely, the Philippines and the People’s Republic of China. While the contents of the award deserve critical analyses, it is also interesting to know how this long forgotten Non United Nations organization operates and contributes to international society. This thesis intends to explore PCA with special reference to the South China Sea arbitration. Its history, structure and functions are briefly introduced. Some of the notable cases are also mentioned as a proof of its “achievements” since its establishment. Then an analysis and criticisms of the South China Sea case are provided to demonstrate why the People’s Republic of China refused to accept it. Nor was it considered a fair judgment on the part of the Republic of China. It is argued that the reasoning provided by PCA based on the United Nations Convention on the Law of the Sea was largely flawed and one-sided since it failed to consider the ever-advancing technological factor. As a result, it was not even regarded as a significant victory by the Philippines. This case also shows that PCA’s popularity is not just declining, but also an unfavorable means of resolving disputes.
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Huang, Yung-Shiang, and 黃永翔. "A Study upon the Legal Status of the Taiping Island after the South China Sea Arbitration." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/734qpt.
Full textAbstract:
碩士國立臺灣海洋大學
海洋法律研究所
106
The South China Sea is rich in resources and located in the transportation hubs between the Pacific Ocean and the Indian Ocean. The neighboring countries all want to transfer the South China Sea into the territorial sea of their country. Philippines submitted the dispute to arbitration on the grounds of the Huang-yan Island, and it was accepted and heard by the arbitral tribunal. Since the arbitration judgment of the South China Sea Arbitration Case was announced, public opinions have been magnified to examine the interests of the country, and Taiwan generally believes that the arbitration tribunal should not accept the South China Sea arbitration case from the beginning. Even it is accepted, all evidences should be considered. Except that there is no actual understanding of the actual conditions of Taiping Island, the judgment is judged only by adopting one-sided statement of Philippines. Therefore, for understanding the deduction of arbitration judgment, this study resaerch Philippines’ claims and the South China Sea Arbitration Case's criteria for determining the island to know The United Nations Convention on the Law of the Sea （UNCLOS）, Article 121 of the norms and history. This study is based on the historical facts of Taiping Island, and discussed with the regime of islands established in the 1982 "United Nations Convention on the Law of the Sea", to observed its legislative reasons and analyzed the formation and definition of the island elements. After understanding the definition of islands, we will further explore the island’s rights to the seas and the island’s role, its influence, and various factors when it comes to the overlapping of maritime rights between countries. In accordance with the historical background and history of Article 121 of the 1982 UNCLOS, the South China Sea arbitration case was reviewed. However, Taiping Island is not a dispute point in the South China Sea arbitration case. The arbitral tribunal made a comprehensive interpretation in the arbitration judgment. In the judgment, Taiping Island was identified as a rock reef and could not enjoy the rights of exclusive economic sea areas and continental reefs. This arbitration judgment has seriously affected Taiwan’s right to exercise Taiping Island. What is the legal status of Taiping Island ? It mainly involves the concept of uncertainty in natural resources, navigational rights and island regime . On the legal level, the regime of islands has been clearly explained in the South China Sea arbitration case, which can clarify the issue of island controversy that has been controversial for a long time. On the political level, natural resources are related to the development of the country and the extension of sovereignty. Taiwan advocates the historical rights of the South China Sea. The sovereignty and legal status of the South China Sea resources and islands and reefs are of considerable legal and political significance to Taiwan. China also claims sovereignty with historic rights. After the South China Sea arbitration case was announced, The attitudes and circumstances with China, Philippines and other neighboring countries regarding the South China Sea arbitration case will affect the stability of the East Asia region. This study puts forward Taiwan’s practice on Taiping Island through the reaction and impact of the United States, the Philippines, and China on the South China Sea arbitration case.
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Hong, Nong. "Law and Politics in the South China Sea: Assessing the Role of UNCLOS in Ocean Dispute Settlement." Phd thesis, 2010. http://hdl.handle.net/10048/1104.
Full textAbstract:
This dissertation evaluates the applicability and effectiveness of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) as a settlement mechanism for addressing the South China Sea (SCS) dispute, the most complex and challenging ocean-related regional conflict in East Asia. This dissertation answers these broad questions: Does UNCLOS create a constitution for the ocean? Is UNCLOS successful in preventing or managing conflicts pertaining to marine resources? Hoes does the SCS dispute settlement bridge the gap of International Relations (IR) and International Law (IL)?
Since 1980s, the regime concept came to be used as one vehicle to cross the disciplinary divide between IL and IR. This dissertation seeks to foster dialogue between political scientists and international lawyers by viewing UNCLOS as an international regime and exploring its internal coherence and its external relationship with other international regimes and institutions in this region. I argue that there can be little doubt about the centrality of UNCLOS in the legal framework for ocean management, albeit it may be perceived to have certain shortcomings. The most pervasive threats to the SCS stability and obstacles to solve the dispute are caused by the lack of political will to implement the dispute settlement mechanism of UNCLOS. This paper proposes a pragmatic settlement regime of five dimensions to solve the SCS dispute and accelerate ocean governance in this region.
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陳希傑. "The assessment of the sovereign dispute and ROC's policy toward the south China sea an international law perspectives." Thesis, 2004. http://ndltd.ncl.edu.tw/handle/30458981939226759158.
Full text
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Jiang, Shao-Yong, Tao Yang, Lu Ge, Jing-Hong Yang, Neng-You Wu, Jian Liu, Guang-Xue Zhang, and Dao-Hua Chen. "GEOCHEMICAL ANOMALY OF PORE WATERS AND IMPLICATIONS FOR GAS HYDRATE OCCURENCE IN THE SOUTH CHINA SEA." 2008. http://hdl.handle.net/2429/1079.
Full textAbstract:
Except for direct drilling and sampling of marine gas hydrates, the occurrence of gas hydrates has been identified generally by inference from indirect evidence, derived from geological, geophysical, and geochemical data. In this paper, we intend to discuss the geochemical anomalies of pore waters and their implications for gas hydrate occurrence in the northern continental slope of the South China Sea. The molecular concentration and isotopic composition of methane in sediments can provide clues to gas sources, whereas ionic and isotopic compositions of pore waters, such as steep SO42- gradients, shallow SMI (sulfate-methane interface) depths; decreasing pore water chlorinity, and heavy oxygen isotopic compositions, are used to identify gas hydrate occurrence and the distribution and thickness of sediment layers containing gas hydrates. Other good geochemical indicators include anions and cations concentrations such as Br-, I-, PO43-, NH4+, Ca2+, Mg2+, Sr2+, B3+, Li+, and Ba2+ in pore waters. We also found that the very negative carbon isotopic compositions of dissolve inorganic carbon (DIC) in pore waters can serve as good indicators for gas hydrate occurrence. In the South China Sea, three most promising target areas for gas hydrates include the Dongsha, Shenhu, and Xisha Trough.
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Yang, Shengxiong, Haiqi Zhang, Nengyou Wu, Xin Su, Peter Schultheiss, Melanie Holland, Guang-Xue Zhang, Jinqiang Liang, Jing'an Lu, and Kelly Rose. "HIGH CONCENTRATION HYDRATE IN DISSEMINATED FORMS OBTAINED IN SHENHU AREA, NORTH SLOPE OF SOUTH CHINA SEA." 2008. http://hdl.handle.net/2429/1178.
Full textAbstract:
In April-June of 2007, a gas hydrate drilling expedition was carried out by using M/V Bavenit in Shenhu Area, the north slope of South China Sea. High concentrations of hydrate (>40%) were obtained in a disseminated forms in foram-rich clay sediments at 3 selected sites. The hydrate-bearing sediments ranged several ten meters in thickness are located in the lower part of GHSZ, just above the BGHSZ, and are typically characteristic of higher sonic velocity and resistivity, and lower gamma density in wireline logging profiles. Evidences for gas hydrate include the IR cold spots and temperature anomalies, salinity and chlorite geochemical anomaly of pore water for non-pressurized cores, and X-ray imaging, high p-wave velocity and low gamma density, and high concentration of methane from the pressurized cores. Gasses are mainly methane (max. ethane 0.2-0.3%), therefore only hydrate S1 is formed. It is inferred that the foram content and other silt size grains may provide enough free water for the hydrate to happily occupy both the large spaces in the forams and for it to distribute itself evenly (disseminated) throughout the formation. It is possible that all the forams are hydrate filled. As the forams are visible does this not count for visible white gas hydrates.
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Wu, Nengyou, Shengxiong Yang, Haiqi Zhang, Jinqiang Liang, Hongbin Wang, Xin Su, and Shaoying Fu. "PRELIMINARY DISCUSSION ON GAS HYDRATE RESERVOIR SYSTEM OF SHENHU AREA, NORTH SLOPE OF SOUTH CHINA SEA." 2008. http://hdl.handle.net/2429/1177.
Full textAbstract:
Gas hydrate is a very complicated reservoir system characterized of temperature, pressure, gas composition, pore-water geochemical features, and gas sources, gas hydrate distribution within the gas hydrate stability zone. Temperature, pressure and the gas composition of the sediments were suitable for gas hydrate formation in the gas hydrate reservoir system of Shenhu Area, north slope of South China Sea. The high-resolution seismic data and the gas hydrate drilling getting high concentrations of hydrate (>40%) in a disseminated form in foram-rich clay sediment showed that gas hydrate is distributed heterogeneously at all spatial scales in all drill holes, and the hydrate-bearing sediments ranged several ten meters in thickness are located in the lower part of gas hydrate stability zone (GHSZ), just above the bottom of gas hydrate stability zone (BGHSZ). It is likely seem that the methane to crystallize gas hydrate is from in-situ microbial methane.
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Vu, Hai Dang. "Towards a Network of Marine Protected Areas in the South China Sea: Legal and Political Perspectives." 2013. http://hdl.handle.net/10222/31425.
Full textAbstract:
The once pristine and rich marine environment of the South China Sea is degrading at an alarming rate due to the rapid socioeconomic development of the region. Despite this, and because mainly of complicated sovereignty and maritime boundary disputes, coastal States have not been able to develop effective regional cooperation to safeguard the shared marine environment. This dissertation, “Towards a Network of Marine Protected Areas in the South China Sea: Legal and Political Perspectives”, researches legal and political measures to support the development of a network of marine protected areas in the South China Sea. Such a network, if properly developed, would not only help to protect the marine environment and resources of the region but also contribute to lower the tension among its coastal States. These measures should be developed in accordance with international law, based on the specific geopolitical context of the South China Sea region and take into consideration experiences in developing regional networks of marine protected areas from other marine regions. Consequently, three optional categories of measures for the development of a network of marine protected areas in the South China Sea are suggested at the end. They include national-focused measures; measures to enhance the regional cooperation; and measures to build a regime for marine protected areas and network of marine protected areas in the South China Sea. These measures could be taken alternatively or on a step-by-step basis.
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LAI, PIN-HUNG, and 賴秉鴻. "A Study on China’s Energy Security Strategy and International Cooperation - A Case Study of Energy Security in South China Sea." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/fg75z8.
Full textAbstract:
碩士國防大學政治作戰學院
政治研究所
105
China's energy security strategy is “Four Revolution, One Cooperation”, to promote energy consumption, supply, technology, institutional reform, and international cooperation. In order to solve the problems of overcapacity and excess foreign exchange in China, Xi Jinping, through the “One Belt One Road” initiative, strengthens the establishment of links with different countries in the areas of diplomacy, economic development, trade, military facilities and port infrastructure including projects such as Melaka Gateway, Djibouti port, Gwadar port and so on. These ports can be transformed into China’s relay stations for energy supply, with both military and commercial functions to help China control energy channels and maintain maritime safety. In recent years, the construction of the island reefs in South China Sea is another step to maintain the safety of China’s sea energy transport. In order to ensure the safety of oil supply, China has adopted a “diversified” layout to ensure its own oil supply stability, including the promotion of energy efficiency, the establishment of strategic oil reserves, the “going out” strategy to actively participate in foreign oil development Moreover, China aggressively seeks to establish energy supply channels on land, a blue-water ocean fleet, a double or multilateral dialogue mechanism, to lease foreign sea ports, and to sign energy cooperation protocols and other measures to protect its energy security.
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Lin, Dai-Tze, and 林岱澤. "Examining CHEN Shui-bian''s Nansha Initiative in the South China Sea and its Future from an International Environmental Regime Perspective." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/79722962834758434047.
Full textAbstract:
碩士銘傳大學
國際事務研究所碩士班
97
In the South China Sea (SCS), there are many thorny problems for a long period of time, such as environmental protection, sovereignty, and so on. On February 2, 2008, CHEN Shui- bian’s government promoted the “Nansha Initiative” at Nansha Island Group/Spratlys, to promote environmental protection, as opposed to emphasizing the sovereignty issue. His intention is to urge each claimant of the SCS to cooperate with each other, so as to make sure that the environment over there can be sustained. He wanted the Republic of China (ROC) on Taiwan to accept the spirit and principles of “Declaration on the Code of Conduct on the South China Sea,” while hoping that a world environmental organization can be set up, so as to resolve the SCS problems. However, in a globalizing world, the term, international regimes, which embraces at least 15 core elements/features can be regarded as the most important tool in the international governance of the SCS. Arguably, applying international regimes, as opposed to promoting CHEN’s “Nansha Initiative,” can help to resolve the problems in SCS, because each claimant can be benefited, whereas a world environmental organization can exclude the participation of the ROC.
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Kruger, Melissa Chantel. "The end of the multifibre agreement : a case study of South Africa and China / Melissa Chantel Kruger." Thesis, 2011. http://hdl.handle.net/10394/10882.
Full textAbstract:
The Multifibre Agreement ("MFA") regulated textile trade until 1 January 2005. It was
predominantly focused on curtailing textile exports from developing countries, like South
Africa and China. With the end of the MFA, a textile crisis occurred in South Africa due to
the domination of the domestic market by more affordable Chinese textile products. This
case study is applied to illustrate the inadequacy of domestic legislation to provide for the
resolution of an international trade dispute that affects an industry. No legislation refers to
the resolution of the trade dispute by entering into a Memorandum of Understanding
("MOU"), or recourse to the neutral dispute settlement body of the World Trade
Organisation ("WTO"). Due to the absence of legislation that directly addresses either
forum, all the power is vested• in the government to determine the appropriate course of
action. Applications brought by textile industry representative bodies like TEXFED,
CLOTRADE and SACTWU were inadequately investigated due to the limited powers of
the independent investigative body, ITAC, and were ultimately abandoned. The
government entered into a MOU with the Chinese government and in doing so violated
international agreements, rights and obligations. An analysis of the inadequacy of the
MOU that was entered into and the suitability of the WTO as dispute settlement body is
conducted. It is concluded that the current legislation is inadequate in that it doesn't
provide for recourse to the WTO and in that it doesn't clearly set out the obligations on
government and the independent powers of an independent body.LLM (Import and Export Law), North-West University, Potchefstroom Campus, 2012
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Liu, Chien-Chi, and 劉千綺. "The Sovereignty Claims and Exercises Between the People's Republic of China and Republic of China over Disputed Islands in the South China Sea -- Examined by the Principle of Effectivités of International Law." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/46806897546811103748.
Full textAbstract:
碩士國立清華大學
科技法律研究所
100
Abstract The South China Sea area, an important marine channel and strategic location, reserves abundant oil and natural resources. Therefore the surrounding countries, include People’s Republic of China, Vietnam, the Philippines, Malaysia, Brunei and Republic of China（Taiwan）, vie for the benefit from the area. Republic of China (Taiwan) claims that Nansha Islands (Spratly Islands), Shisha Islands (Paracel Islands), Chungsha Islands (Macclesfield Islands), Tungsha Islands (Pratas Islands), without a doubt fall under the sovereignty of the government of the Republic of China (Taiwan) in any aspect —history, geography or international law. The conflicts between South China Sea countries have been intense in recent years. In April 2012, a group of Chinese fishing men expelled by Philippine navy force and since then a standoff between People’s Republic of China and Philippine had been held. In June 2012, the tension between the two countries started to be dissolved after the two countries announced seasonal fishing bans. Events of alike happen recurrently in this area of dispute. In 2002, those dispute-related countries tried to solve the problem by signing the ASEAN-China Declaration of Conduct on the South China Sea. Despite the signing of the declaration the dispute cannot be easily solved due to conflicting interests. The above- mentioned standoff is one of the cases resulting from conflicting interests. Regarding the principle of the land dominates the sea, once the country owns sovereignty over disputed islands; the country can claim the right of its surrounding waters. In the recent international law cases concerning sovereignty over islands, including” Sovereignty over Pulau Ligitan and Pulau Sipadan “of year 2000, “Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea” of year 2007 and” Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge” of year 2008, it can be inferred that the principle of Effectivités is one of the most important criteria applying to the cases. The Principle of Effectivités means that the sovereignty country exercise real and actual act of sovereignty bases on its sovereignty intention, which is the examination for court to identify the legitimation of ownership on disputed island. This study thoroughly focus on three case: “the Sovereignty over Pulau Ligitan and Pulau Sipadan”, “Territorial and Maritime Dispute between Nicaragua and Honduras in the Caribbean Sea” and “Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge”. The court opinions and criteria about the principle of Effectivités articulated in those cases are used for the comparisons of the acts of Peoples’ Republic of China and Republic of China（Taiwan）, and the results of the comparisons are strong support for the advice about the solid sovereignty of our country on those islands.
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TSENG, TZU-YIN, and 曾子茵. "The Study on International Treaties apply to Taiwan-a case study of Declaration on the Conduct of Parties in the South China Sea." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/2un57b.
Full textAbstract:
碩士國立高雄大學
法律學系碩士班
107
With the advent of the United Nations Convention on the Law of the Sea of the Sea(UNCLOS), the new generation of maritime order is still unable to effectively divide the South China Sea(SCS) region. The activities of countries around SCS are also based on the Convention to deal with their behaviors, in addition to the conflicts of interest arising from traditional fishing. The rich exploitation of submarine oil reserves has strengthened the motivation and determination of all countries, resulting in friction that has never stopped, whether economically or militarily. The regional international organizations in SCS, mainly based on the Association of Southeast Asian Nations (ASEAN), signed the "Declaration on the Conduct of Parties in the South China Sea"(DOC) in 2002, expecting to reduce friction and tension in the region, and reach a consensus among the ASEAN on the peaceful handling of the disputes in the SCS. However, there is no mandatory declaration, and it is still unable to resolve the dispute between China and the Philippines. The declaration of the SCS’s behavior will be negotiated for nearly 20 years. The South China Sea Code of Conduct(COC) will be a declaration of the SCS. The declaration on the behavior of the SCS, which was originally a consensus on the SCS affairs, was raised to a more binding COC among ASEAN member states, China intends to make ASEAN applicable to the application of this standard and to further limit the activities of third countries in the region, that is, may exclude regional member states. The entry of countries into the SCS for military activities has caused the United States, Japan and Australia to continue to pay attention. Taiwan has the sovereignty of Taiping Island and managed it effectively. Although it is not a member of the ASEAN and not a signatory to the declaration of the parties to the SCS, can Taiwan, as a main body of international law, enter ASEAN by participating in other international inter-group models? This thesis will focus on the key points of the DOC and the way in which domestic laws are formulated. From the perspective of international law, this study analyzes the evolution of the international law, the international law of the sea, the ASEAN on the issue of the SCS, and the legal exploration of the international law of China, U.S. and Taiwan against the SCS to help Taiwan in the future, the activities of the SCS have a solid foundation of international law.
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Yang, Tao, Shao-Yong Jiang, Jing-Hong Yang, Lu Ge, Neng-You Wu, Guang-Xue Zhang, and Jian Liu. "COMPARISON OF CARBON ISOTOPIC COMPOSITIONS OF DISSOLVED INORGANIC CARBON (DIC) IN PORE WATERS IN TWO SITES OF THE SOUTH CHINA SEA AND SIGNIFICANCES FOR GAS HYDRATE OCCURENCE." 2008. http://hdl.handle.net/2429/1080.
Full textAbstract:
The northern margin of South China Sea contains several favorable areas for occurrence of gas hydrate. In this study, we collected pore water samples in two piston cores (X-01 and D-01) from Xisha Trough and Dongsha area, respectively, and the concentrations of sulfate and carbon isotopic compositions of dissolved inorganic carbon (DIC) were measured. The results showed different geochemical characteristics in these two sites. The X-01 core shows relatively constant δ13C-DIC values and sulfate concentrations, which suggest that anaerobic methane oxidation (AMO) processes did not occur in this site. In contrast, very large variation in δ13C-DIC values and sulfate concentrations are revealed in D-01 core, and good linear correlations for sulfate gradients and δ13C-DIC values are observed. The calculated sulfate-methane interface (SMI) depth is 9.6 mbsf. These data indicate that an AMO process occurred in sediments with large methane flux from depth in the Dongsha area, which are comparable to other gas hydrate locations in the world oceans such as the Blake Ridge. We suggest that the Dongsha area is one of the most favorable targets for future gas hydrate exploration.
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Lin, Saulwood, Yee Cheng Lim, Chung-ho Wang, Yue-Gau Chen, Tsanyao Frank Yang, Yuanshuen Wang, San-Hsiung Chung, and Kuo-Ming Huang. "PAST AND PRESENT RECORDS OF GAS HYDRATE GEOCHEMICAL SIGNATURES IN A TERRIGENOUS MATERIALS DOMINATED ACTIVE MARGIN, SOUTHWEST OF TAIWAN." 2008. http://hdl.handle.net/2429/2291.
Full textAbstract:
Temporal variations in gas hydrate related geochemical signatures under different deposition
conditions are the primary purposes of this study. Accreted wedge located offshore Southwestern
Taiwan receives high terrigenous river materials, 100 MT/yr, at present time. It is not clear how
seep environment varied during the past glacial. A 25 meters long piston core was taken offshore
Southwestern Taiwan on r/v Marion DuFresne. Short piston cores and box cores were also taken
on r/v OR-1. Samples were analyzed for pore water dissolved sulfide, sulfate, methane, chloride,
del O18, calcium, magnesium, alkalinity, pH, and sediment AVS, pyrite, inorganic carbon, del O-
18, C13. Changes in deposition environment play a major role in the study area. Three stages of
geochemical processes are identified in the 25 meters long core, interchange between reduce and
oxic depositional environments, with reducing condition in the top 10 m, oxic in between 10-20
meter and reducing below the 20 meter. High concentrations of dissolved sulfide, rapid sulfate
depletion, increase of methane, decrease of calcium were found in pore water in the top 10 m of
sediments together with high concentrations of pyrite, relatively higher proportion of coarsegrained
sediment. Concentrations of pyrite were very low in sediments between 15 to 20 meters
but increased rapidly from 20 to 25 meters with a maximum concentration at 400 umol/g.
Chloride concentrations also increased to a maximum concentration of 630 mM at 20 m. The
rapid increase of chloride indicated gas hydrate formation at this depth. Authigenic carbonate nodules were found in sediments below 20 m. The carbonate content also increased rapidly
beneath this depth. Stable isotopic carbon composition of the carbonate varied rapidly beneath 20
m with a low at -28 per mil. The existence of oxic/reducing alterations indicates that methane
seep may vary in the past in the study area.
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Dobkowska, Joanna. "ASEAN jako platforma realizacji interesów państw Azji Południowo- Wschodniej wobec Chińskiej Republiki Ludowej." Doctoral thesis, 2018. https://depotuw.ceon.pl/handle/item/2664.
Full textAbstract:
Rozprawa była poświęcona roli Stowarzyszenia Narodów Azji Południowo-Wschodniej (Association of South-East Asian Nations, ASEAN) w realizacji interesów państw członkowskich tego stowarzyszenia względem Chińskiej Republiki Ludowej (ChRL). Jej podstawowym celem było ustalenie zależności pomiędzy funkcjonowaniem państwa w ramach organizacji międzynarodowej a realizacją jego zamierzeń, na przykładzie relacji między państwami Azji Południowo-Wschodniej a Chinami. Główna hipoteza pracy zakładała, że ASEAN nie jest efektywny w roli płaszczyzny realizacji interesów państw członkowskich wobec ChRL ze względu na to, że dążenia te są zbyt zróżnicowane, często przeciwstawne, i utrudniają stworzenie stałych koalicji. Nie ma też jednoznacznej korelacji między znaczeniem podmiotu w ramach ASEAN a stopniem realizacji jego interesów. Jednak ten stan nie doprowadzi do rozpadu Stowarzyszenia, ponieważ dla państw członkowskich nawet sytuacja, w której działania organizacji nie są zbieżne z ich interesami, jest bardziej korzystna niż brak wsparcia instytucjonalnego w kontaktach z Chinami. Analiza tego problemu wymagała rozdzielenia go na dwa podstawowe zagadnienia. Pierwszym z nich było ustalenie, jakie cele wobec ChRL mają poszczególne podmioty; drugim zaś – w jakim stopniu członkostwo w Stowarzyszeniu umożliwia lub utrudnia ich realizację. Do określenia interesów państw przyjęty został model analizy oparty na propozycji Iana Tsung-Yen Chena i Alana Hao Yanga (2013), odwołującej się do teorii równowagi zagrożenia wprowadzonej przez Stephena Walta (1996) oraz teorii oczekiwanych zysków ekonomicznych przedstawionej przez Dale’a Copelanda (1996). Zakładał on badanie dążeń państw ASEAN wobec ChRL na podstawie ich percepcji zagrożenia oraz oczekiwanych korzyści gospodarczych, przy uwzględnieniu roli czynnika historycznego. Na podstawie modelu autorka przeanalizowała dziesięć studiów przypadku obejmujących wszystkich członków Stowarzyszenia oraz ustaliła ich percepcję Chin, a następnie interesy i preferencje. W dalszej kolejności zidentyfikowane zostały dwa kluczowe czynniki wpływające na możliwość wypełnienia przez państwo swoich celów w ramach ASEAN, tj. pozycja wewnątrz organizacji oraz proces decyzyjny, a w szczególności meta-reżim decyzyjny (the ASEAN Way). Pozwoliło to na wskazanie potencjalnych grup interesu w ramach omawianej instytucji oraz na określenie skuteczności działań Stowarzyszenia dla realizacji interesów poszczególnych państw w ramach dwóch studiów przypadku odnoszących się do dwóch obszarów działalności ASEAN: bezpieczeństwa (spór terytorialny na Morzu Południowochińskim) oraz gospodarki (porozumienie ACFTA). Konkluzje przeprowadzonej analizy umożliwiły pozytywne zweryfikowanie hipotezy głównej. W toku przedstawionych rozważań wskazano również, że ograniczenia dla skuteczności działania ASEAN są warunkowane większą liczbą czynników niż zakładano na początku – prócz różnicy interesów istotny wpływ mają również odmienne preferencje dotyczące stopnia i sposobu wykorzystania Stowarzyszenia jako narzędzia polityki zagranicznej. Zaproponowane na podstawie uzyskanych wniosków prognozy zakładają utrzymanie przez ASEAN centralnej roli w procesie instytucjonalizacji współpracy regionalnej oraz w polityce jego państw członkowskich wobec Chin.The topic of the dissertation was the role of the Association of South-East Asian Nations (ASEAN) in advancing of its member states’ national interests in relation to People’s Republic of China (PRC). The main goal was to ascertain the correlation between a state’s membership in an international organization, and the fulfilment of its national interests, using the examples of ASEAN and the PRC. The main hypothesis predicted that ASEAN is not an effective means of advancing the national interests of its member states in relation to the PRC due to the fact that their interests are too diverse or even contradictory, which hinders forming possible coalitions within the Association. There is also no clear correlation between the relative significance of a state within ASEAN and the degree of fulfilment of its interests. However it will not cause the dissolution of ASEAN as its institutional support in relations with China is considered crucial by all members – even those whose particular interests are not promoted by the Association. To verify the main hypothesis, the topic was divided into two main questions. Firstly, to ascertain the particular interests of each member state of ASEAN in relation to China; secondly, to what degree the membership in ASEAN promotes or hinders the fulfilment of the aforementioned interests. To determine the member states’ interests, the author proposed a model of analysis based on the concept introduced by Ian Tsung-Yen Chen and Alan Hao Yang (2013) which refers to the balance of threat theory by Stephen Walt (1996) and the theory of expected economic gains by Dale Copeland (1996). The purpose of the proposed model was to analyse the members’ interests towards China based on their perception of threat and expected gains of the economic cooperation, acknowledging also the historical context. The model was used in ten case studies which allowed to determine perceptions, and then interests and preferences of each ASEAN member state. Furthermore, the author identified two key factors influencing the ability of a state to advance its interests within ASEAN, namely its relative significance within the organization and the decision-making process – specifically, the meta-regime of decision-making (the ASEAN Way). This allowed to identify the potential groups of interest within the Association, as well as to evaluate the effectiveness of ASEAN as a means of advancing the national interests. The evaluation was based on two case studies related to the main areas of the Association’s activity: international security (the case of the territorial dispute on the South China Sea) and economic cooperation (the case of ACFTA). The conclusions of the analysis allowed to confirm the main hypothesis. What is more, the differing preferences for utilization of ASEAN as a means of conducting foreign policy were identified as another crucial factor affecting the Association’s effectiveness. Nevertheless, according the prognoses based on the presented conclusions ASEAN will remain a central actor in the regional cooperation, as well as a vital tool of its member states foreign policy towards China.
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Petrtýl, Martin. "Čína v globální a regionální politice v 21.století - geopolitický střet s Japonskem, Indií, USA, Ruskem a Evropou." Doctoral thesis, 2014. http://www.nusl.cz/ntk/nusl-356368.
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CHINA IN GLOBAL AND REGIONAL POLITICS IN THE 21ST CENTURY - GEOPOLITICAL CLASH WITH JAPAN, INDIA, USA, RUSSIA AND EUROPE Mgr. Martin Petrtýl Supervisor: Doc. Dr. Bořivoj Hnízdo, PhD. Institute of Political Studies, Faculty of Social Sciences This dissertation discusses the current and future role of China in the 21st century. I worked with the idea to prepare a systematically detailed analytical study of the country in relation to its surroundings as well as its internal environment for more than 8 years, including many interruptions. I, above all, contemplated about the way how to truly scientifically, i.e. credibly, it means in the maximum possible the limits of verifiability, develop a full work that could hold up to the colleagues from the scientific community and myself. It is logical it was and is my attempt to allow minimal possibility of any criticism of this work for its formal, content, or other deficiencies. First, I decided to analyse in some detail the currently known theoretical approaches and methods of study, not only in political sciences, especially those used by political geographers, but also in other related fields, especially in the field of study of international relations, sociology, political science or general security studies. I did not want to study the issue is the...