Journal articles on the topic 'South China Sea International status'
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1
Prawira, Muhammad Rizky. "SOUTH CHINA SEA DISPUTE." Jurnal Dinamika Global 3, no. 02 (January 2, 2019): 35–54. http://dx.doi.org/10.36859/jdg.v3i02.75.
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During the past decade, China has been striving for a more prominent status in the international community. In doing so, China undertook several measures that indicate its willingness to become a supportive collaborator in the international politics, including taking a part in the Six Party Talks regarding to the North Korean nuclear issue as well as striving for the Market Economy Status (MES). However, the recent development of the South China Sea dispute seems to show a contrasting circumstance. As one of the claimant states, China showed a fairly aggressive gesture in expanding and exploiting the disputed territory. Recently, China even declared a refusal against the verdict from the international law which stated that China had no legal base in claiming the territory. This situation sparked a puzzle as the non-compliance against the international law seemed to be violating China�s on- going efforts to win the broader acceptance in the international community. Thus, using two different perspectives, namely structural realism and social constructivism, this study analyses puzzle and finds the contextual relevance behind China�s non- compliance policy. The overall findings show that the rational interest of pursuing the hegemony in the disputed region becomes the primary goal that China is pursuing beyond the interest of adhering to the international law.
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Kościelniak, Karol. "Current International Situation in the South China Sea the Path to Confrontation?" Reality of Politics 4, no. 1 (January 31, 2013): 138–49. http://dx.doi.org/10.15804/rop201308.
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In recent years, the South China Sea area has become the arena of competition between the countries of Southeast Asia that set up claims to maritime areas and the islands, and, all the more, want to control and exploit what can be found under the seabed, namely the deposits of oil and gas. The situation in the area cannot even be resolved by the United Nations Convention on the Law of the Sea (Montego Bay, 1982). Apart from the resources found in the sea and under the seabed, this body of water is an important shipping route, which makes it a strategically significant area for each of the countries located there, or those whose interests involve the South China Sea. In this work, I describe the current situation in the waters of South China Sea: whether the countries bordering it strive for conflict or just secure their interests. It turns out each of the states will set up demands to the islands on this sea and especially to everything that lives in the sea and is to be found under the seabed. Minor, and also more significant incidents will happen, but it does not seem likely that any serious open conflict between the states of the region will break out in the close future. None of the countries pursues it and they do everything they can to maintain the status quo.
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Kusuma, Winanda, A. Cery Kurnia, and Rio Armanda Agustian. "SOUTH CHINA SEA: CONFLICT, CHALLENGE, AND SOLUTION." Lampung Journal of International Law 3, no. 1 (March 15, 2021): 51–62. http://dx.doi.org/10.25041/lajil.v3i1.2266.
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The South China Sea is a strategic marine area in terms of natural resource potential and international trade routes. For decades, territorial disputes have occurred with peaceful solutions from regional organizations, international courts, and even contributions from outside the claimant state. This paper examines the efforts made to contribute to a peaceful solution to disputed states of claims. The achievement of a peaceful solution, the shortcomings of the peaceful solution to the proposed peaceful solution's chronology. This research is normative juridical research that is historical descriptive in nature. The South China Sea Dispute arises from China's actions regarding its map of its maritime territories that do not comply with international maritime law. Regulations regarding the method of drawing deep-sea boundaries under international maritime law are violated in this act. Negotiation efforts in finding conflict solutions in regional organizations, state leadership meetings, informal meetings of claim state policymakers, and efforts to file claims by the Philippines at permanent court arbitration have been carried out. China's action that does not recognize the Philippine lawsuit decision poses a challenge to international maritime law and its member countries. A complete peaceful solution must be sought immediately when Softlaw and hard law must comply with the claiming state.
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K.C., Khadga. "The South China Sea Issue: Its Implications on South East Asian Security." Journal of International Affairs 1, no. 1 (October 3, 2016): 45–62. http://dx.doi.org/10.3126/joia.v1i1.22640.
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Although the Chinese government has a strong preference for bilateral diplomatic negotiations to resolve disputes, its status as a party to UNCLOS and its continuing failure to reach a settlement with the Philippines has exposed it to the risk of litigation. Additionally, if the arbitration goes forward, China may be at a disadvantage because several Chinese assertions about their South China Sea rights are not well supported in international law. China’s leaders may also have concerns about avoid nationalists who are sensitive to any perception that the government lost control of a high profile issue to a small Southeast Asian state and a Japanese judge. Nonetheless, now that the Chinese have rejected the process, the panel will proceed without them, providing a small “victory” for Manila and potentially swinging international public opinion toward the Philippines. China being an established regional power and aspiring global power would better show her generosity to take the countries in neighborhood in confidence. For this, resolving South China Sea issue by win-win strategy will be of great benefit for regional stability and security in South East Asian region.
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Edmondus Sadesto Tandungan. "SENGKETA LAUT CINA SELATAN DALAM PERSPEKTIF HUKUM INTERNASIONAL." Paulus Law Journal 1, no. 2 (March 20, 2020): 88–98. http://dx.doi.org/10.51342/plj.v1i2.101.
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The South China Sea Region is one of the largest waters in the world and has a strategic role both in terms of economy, politics and security so as to make this region have great potential that can be utilized by countries around the region. The consequences of many interests in this region is potential conflict form many state. This article analyzes several disputes that occur in the South China Sea based on international law. The purpose of this article is to find out the steps taken by states to resolving these international legal disputes. Through the analysis in this article it was found that in the perspective of international law, the dispute over the South China Sea was sourced from differences of principles in determining maritime boundaries. The analysis of this article also found several steps and efforts that can be taken by the disputing countries to resolve the South China Sea dispute.Keywords : South China Sea; International Dispute; International Law
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Sherazi, Tatheer Zahra, and Amna Mehmood. "China’s Rise and its Implications for ASEAN Region: A Case Study of South China Sea." Central Asia 84, Summer (October 1, 2019): 15–34. http://dx.doi.org/10.54418/ca-84.18.
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During the last four decades, China has achieved a status of a powerful state with a huge soft power, integration in the international economy, growing middle class along with increasing participation in international institutions and stock exchanges. Not only it has participated into international institutions but has also set new economic regimes like Asian Infrastructure Investment Bank (AIIB) and Belt & Road Initiative (BRI). China’s growing thrust for developments, energy and resources, has enabled it for huge claims within South China Sea. Its recent steps of creating artificial islands in South China Sea and future air bases on them along with other developments are quite notable and have been perceived as China’s shift from a soft power to hard power. South China Sea is extremely significant Sea with its geostrategic importance being the second busiest trade routes. Approximately 60 percent of Japanese and Taiwanese energy resources raw material is supplied through the South China Sea. At the same time the Sea is highly rich in energy resources and different analysis have been made to give an estimate of gas and oil reserves in South China Sea. Due to geostrategic significance of the Sea neighboring countries have asserted their claims on its various Islands however; mainly conflict is over islands of Spartly and Paracel. The ongoing territorial conflict and resulting tension is creating troubles for the regional peace by making regional as well as global powers to be concerned over China’s activities. The study will be investigated under the Sea Power theory of Mahan that how the balance of power is taking shift within region in wake of rise of China, and how it will breed implications for region.
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GUDEV, Pavel A., and Igor O. MISHIN. "AMERICAN-CHINESE CONTROVERSIES AROUND THE TAIWAN STRAIT (Part I. Essence of the Terminological Dispute)." Southeast Asia: Actual Problems of Development, no. 3(56) (2022): 60–76. http://dx.doi.org/10.31696/2072-8271-2022-3-3-56-060-076.
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For decades, the Taiwan Strait has been one of the main "hot spots" in the Asia-Pacific region. As an object of confrontation between China and Taiwan, the U.S. and China, the area is strategically important to the entire global economy and international shipping. The strait connects the South China Sea with the East China Sea, through which up to 80% of world trade passes, and it is also a crucial link in the global supply chain. Even a short-term blockade of the Taiwan Strait could have serious consequences for the global economy. A new aggravation in the region occurred on July 13, 2022, when Wang Wenbin, spokesman for China's Foreign Ministry, declared that the Taiwan Strait is not "international waters." This article examines in detail the political and legal aspects of China's and the United States' perception of the legal status of the Taiwan Strait, revealing the understanding of "international waters" under international maritime law. It substantiates the main reasons for Beijing's actions regarding the Taiwan Strait, and also forecasts the possible resolution of this legal dispute in light of the fundamental change in China's policy regarding the islands and waters of the South China Sea, which followed the verdict of the Permanent Court of Arbitration in The Hague in 2016.
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CHERHAT, Tudor. "CHINA: THE STORY OF A MISSED OPPORTUNITY. HOW CHINA MANAGED TO DISREGARD THE SOUTH CHINA SEA RULING." Conflict Studies Quarterly, no. 41 (October 5, 2022): 44–59. http://dx.doi.org/10.24193/csq.41.3.
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On July 12, 2016 an international tribunal (registered with The Hague Permanent Court of Arbitration) ruled against China`s territorial claims in the South China Sea, arguing that the Chinese historic rights within the Nine Dash-Line map have no valid effect under the United Nations Convention on the Law of the Sea (UNCLOS). The tribunal’s decision came at a time when tensions in the South China Sea had reached a very high level amid increasing maritime incidents caused by China and the Chinese government’s construction of artificial islands in the open sea. What was supposed to be a major victory against China for the US-backed states (Vietnam, Philippines), turned out to be only a symbolic success for the Philippines. China not only rejected the sentence, but continued to conduct provocative naval exercises, harass other foreign ships and build artificial islands for military purposes. Using historical research and comparative analysis, this paper illustrates how China’s rejection of the ruling was facilitated by a number of legal, economic and political factors that have diminished international reactions and pressures on the Chinese government: the non-ratification of UNCLOS by the US, the lack of coercive mechanisms to enforce international rulings, the economic interdependence between China and other regional states and the precedents set by other major powers. Keywords: South China Sea, Permanent Court of Arbitration, UNCLOS, maritime claims, historic rights.
9
CHANG, YEN-CHIANG. "How Does the Amicus Curiae Submission Affect a Tribunal Decision?" Leiden Journal of International Law 30, no. 3 (April 24, 2017): 647–60. http://dx.doi.org/10.1017/s0922156517000231.
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AbstractIn the South China Sea Arbitration initiated by the Philippines against China, the Chinese (Taiwan) Society of International Law (CSIL) submitted an amicus curiae brief to the Annex VII arbitral tribunal established in accordance with United Nations Convention on the Law of the Sea (UNCLOS). This article first analyzes the definition and legal nature of amicus curiae status, then introduces cases involving amicus curiae in the International Court of Justice (ICJ) and UNCLOS dispute settlement mechanisms. By analyzing relevant statutes and rules of procedure, this article assesses the acceptance of amicus curiae submissions by international courts or tribunals, in different dispute settlement mechanisms. Finally, the article describes the significance of the amicus curiae brief submitted by CSIL to the arbitral tribunal, concluding that the South China Sea Arbitral Tribunal did take the amicus curiae submission into account, but exercised caution in its consideration.
10
Gao, Zhiguo, and Bing Bing Jia. "The Nine-Dash Line in the South China Sea: History, Status, and Implications." American Journal of International Law 107, no. 1 (January 2013): 98–123. http://dx.doi.org/10.5305/amerjintelaw.107.1.0098.
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The South China Sea has generally been a calm area of sea since ancient times. Until the late twentieth century, it had provided a fertile fishing ground for local fishermen from China and other littoral states, and a smooth route of navigation for the nations of the region and the rest of the international community. This tranquility has been disturbed, however, by two recent developments. The first was the physical occupation of the Nansha, or Spratly, Islands by some of the coastal states in the 1970s. This process continued through the rest of the century. Now, nearly all the islands and insular features within the Spratly Islands have been subjected to physical control by one littoral state or another.
11
Schofield, Clive, and David Freestone. "Islands Awash Amidst Rising Seas: Sea Level Rise and Insular Status under the Law of the Sea." International Journal of Marine and Coastal Law 34, no. 3 (August 30, 2019): 391–414. http://dx.doi.org/10.1163/15718085-13431098.
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Abstract This article considers the potential impacts of sea level rise on maritime zones with particular reference to impacts on islands. It considers the sea level rise predictions of the Intergovernmental Panel on Climate Change; it outlines the existing legal framework for coastal baselines and insular features established by the 1982 Law of the Sea Convention. It highlights the work of the International Law Association Committee on International Law and Sea Level Rise, which in its 2018 report had identified the development of a body of State practice among the States and Territories of the South Pacific regarding the maintenance of existing maritime zone claims in the face of sea level rise. That practice is considered, together with the implications of the 2016 Tribunal Award on the South China Sea case on maritime zone claims based on islands.
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Ali, Tajwar, and Aftab Alam. "Sino-US Antagonism in the South China Sea; Is it the Second Cold War?" Global Strategic & Securities Studies Review V, no. I (March 30, 2020): 40–49. http://dx.doi.org/10.31703/gsssr.2020(v-i).05.
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South China Sea is a region of interest for both China, US and many other nations. For China, the South China sea is as important as the Caribbean Sea was important for the US in the first Cold War. The US, through small states near the South China Sea like Taiwan, Philippines, and Vietnam and japan spar Chinese hegemony in the region. China is ready to transgress international law when things go against the interests of China in the periphery of the South China Sea. China has created synthetic islands in the South China Sea, and these constructions are viewed ambiguously by the US. The surveillance of US warships in the region and its military support to Taiwan, Philippines and Vietnam evidently depicts the existence of a second Cold War in the region. China’s economy is an export-based economy, and most of the exports of China are sent through the South China Sea. An Apparent Clash of interests between the US and China is visible in the form of a new Cold War in the South China Sea.
13
Schofield, Clive. "The Regime of Islands Reframed:." Brill Research Perspectives in the Law of the Sea 3, no. 1-2 (January 22, 2021): 1–126. http://dx.doi.org/10.1163/24519359-12340008.
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Abstract The definition of islands represents a longstanding source of uncertainty under the international law of the sea, resulting in numerous disputes among coastal States. This is primarily due to the significant impacts the legal status of islands has on both their maritime entitlements and potential role in the delimitation of maritime boundaries. This study highlights the geographical diversity of islands and outlines the historical development of as well as progress towards the clarification of the legal definition of islands. The Award of the Arbitral Tribunal in the South China Sea case is examined in detail as it provides the first detailed international judicial examination and interpretation of the Regime of Islands. The definition of other types of insular features including low-tide elevations and artificial islands as well as submerged features are also addressed. Reactions to the interpretation of Article 121 by the Tribunal in the South China Sea case are explored before conclusions and considerations on the potential implications of these developments are offered.
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McLaughlin, Rob. "The Law of the Sea and PRC Gray-Zone Operations in the South China Sea." American Journal of International Law 116, no. 4 (October 2022): 821–35. http://dx.doi.org/10.1017/ajil.2022.49.
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A growing number of incidents—particularly since 2009—highlight the South China Sea (SCS) as the preeminent venue for the People's Republic of China (PRC) maritime gray zone operations. “Gray zone operations” are, in essence, operations that are designed to exploit or create legal (and other) uncertainties for a military or strategic advantage. A prominent example is the way that China has used the so-called nine(ten)-dash line without fully explaining the legal basis for it. There are other examples, as well. China has deliberately cultivated uncertainty about the sovereign status of maritime militia vessels—and thus about whether and how the conduct of these vessels might be directly attributable to the PRC. It has harassed U.S. survey vessels seventy-five nautical miles (nm) south of Hainan Island in an effort to disrupt military survey operations that it claims are impermissible and has sunk a Philippine fishing vessel at Reed Bank in an effort to enforce Chinese claims to exclusive fisheries rights in this area. It has also asserted claims and enforcement rights in zones that clearly belong to other states—including actions against Indonesian fishing vessels in seas in the vicinity of the Natuna Islands, which are part of the Indonesian Exclusive Economic Zone (EEZ) (and Continental Shelf). And it has conducted operations on the basis of inapplicable maritime zone rights, such as by asserting a territorial sea and thus the right to control innocent passage around low-tide elevations with artificial installations built upon them—such as with Mischief Reef. The list goes on.
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Trystanto, Trystanto. "Assessing the Potential Effectiveness of the ASEAN-China Code of Conduct on the South China Sea in Constraining Chinese Aggressive Actions." Padjadjaran Journal of International Law 6, no. 2 (August 4, 2022): 136–59. http://dx.doi.org/10.23920/pjil.v6i2.778.
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This article assesses the potential of the Code of Conduct in the South China Sea in constraining Chinese aggressive actions and maintaining the peaceful order of conduct of claimants and countries bordering the highly-disputed South China Sea. Given the recent Chinese aggressive military and pseudo-military moves in the South China Sea to enforce its arguable illegal nine-dash line claim in the South China Sea, there are hopes that the Code of Conduct agreement between China and ASEAN states will provide a legal protection and guideline in the dispute management in the South China Sea. In spite of this aspiration, a closer inspection of the Code of Conduct reveals that one should not have a high degree of confidence in the potential of the Code of Conduct in managing and regulating the conduct of parties in the South China Sea. Seen through the lens of realism, especially given the anarchic nature of the international arena and the unclear type of international law that the Code of Conduct will assume, this article argues that countries, Indonesia especially, should not have a high degree of expectation that the Code of Conduct will act as some sort of legal power that could restrain China from utilizing military and pseudo-military power in enforcing its claim in the South China Sea.
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Haryanto, Agus, and Arief Bakhtiar Darmawan. "Does the Single Draft of COC in the South China Sea Matters?" Intermestic: Journal of International Studies 4, no. 2 (May 31, 2020): 161. http://dx.doi.org/10.24198/intermestic.v4n2.4.
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This paper attempts to elaborate on the impact of the Single Draft of CoC in resolving the South China Sea (SCS) dispute. This paper uses the concept of International Dispute Settlement Procedures (IDSPs), where the parties try to resolve problems based on international law. This paper argues that countries in the region have been trying to have CoC mechanisms since the 1990s. Although in 2018, the ASEAN countries and China agreed on a Single Draft of CoC in the SCS, however the settlement of the SCS dispute is far from over. The CoC Single Draft is only a collection of ASEAN and China proposals. The Single Draft weaknesses in terms of legal status are they do not clearly state the obligations of each country to add or withdraw their respective proposals.
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McDorman, Ted L. "An International Law Perspective on Insular Features (Islands) and Low-tide Elevations in the South China Sea." International Journal of Marine and Coastal Law 32, no. 2 (June 14, 2017): 298–315. http://dx.doi.org/10.1163/15718085-12322058.
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The numerous insular features (islands/rocks) and low-tide elevations (reefs, shoals, etc.) within the South China Sea have long been the centre of attention and dispute involving Brunei, China (the People’s Republic of China and the Republic of China (Taiwan)), Malaysia, the Philippines, and Vietnam. This contribution focuses on said maritime features from the perspective of the law of the sea. A general overview is provided of the international legal rules that apply to islands, rocks and low-tide elevations with reference to the United Nations Convention on the Law of the Sea, customary international law and international adjudications. The article then examines what the littoral states have said and done respecting the insular features in the South China Sea and offers some reflections in the context of the Philippine-China arbitration.
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Blazevic, Jason J. "Navigating the Security Dilemma: China, Vietnam, and the South China Sea." Journal of Current Southeast Asian Affairs 31, no. 4 (December 2012): 79–108. http://dx.doi.org/10.1177/186810341203100404.
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Competition and conflict in the South China Sea involves many nations due to its resources and vital sea lanes. However, it is China which increasingly serves as a common denominator of intensifying anxiety for its South China Sea maritime neighbours due to the aggressive scope of its claims to the sea and its islands. Among those states, Vietnam is most affected as it is first in the path of Chinese ambitions – ambitions which authorities fear would give China significant tactical military and economic advantage. For China, there are similar fears over threats to the sea lanes and sea bed resources. Leaders of both states also perceive their diplomatic and martial actions in the sea in historical terms as well. However, enforcement actions taken by either state may lead to a worsening security dilemma in which reactive security strategies could dangerously destabilise relations. This article discusses the motivations and strategies of both states as well as the consequences of such and applies realism, its tenets of defensive and offensive realism, and neoliberalism to examine their security concerns and perceptions. The article further proposes that the most valuable insights can be provided by defensive realism and neoliberalism, which together can encourage security, cooperation and conciliation in order to best promote the improvement of relations.
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Liu, Chenhong. "Regional Customary International Law Related to China’s Historic Rights in the South China Sea." Korean Journal of International and Comparative Law 7, no. 2 (October 4, 2019): 262–76. http://dx.doi.org/10.1163/22134484-12340128.
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Abstract In the customary international law system, there exist general customary international law and regional customary international law. Based on the general practice and opinio juris of the States surrounding the South China Sea, China’s historic rights which conclude historic title to all the maritime features in the South China Sea, and historic fishing rights and navigational rights, are regulated by regional customary international law. Due to the parallel relationship between this regional customary international law and the United Nations Convention on the Law of the Sea (UNCLOS), China’s historic rights should co-exist with the rights regulated by UNCLOS.
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Paszak, Paweł. "The Malacca Strait, the South China Sea and the Sino-American Competition in the Indo-Pacific." Journal of Asian Security and International Affairs 8, no. 2 (June 2, 2021): 174–94. http://dx.doi.org/10.1177/23477970211017494.
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This article aims to highlight security dynamics of the US–China competition in the Indo-Pacific associated with the Malacca Strait and the South China Sea through the prism of Balance of Threat Theory. It is argued that the control over strategic lines of communication is a significant factor in the process of constructing threat perception of East and Southeast Asian states as they remain heavily reliant on maritime transportation of commodities and energy resources. The US navy is the major security provider in the maritime domain which makes China vulnerable to a potential naval blockade. China faces a double dilemma as the status quo is interpreted as potentially detrimental to its interests, but any attempts to undermine it are likely to prompt Asian states to join US balancing efforts. China’s geographical proximity, its rising military power and revisionist tendencies make the US the more desirable security partner to the region.
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Fravel, M. Taylor, and Charles L. Glaser. "How Much Risk Should the United States Run in the South China Sea?" International Security 47, no. 2 (2022): 88–134. http://dx.doi.org/10.1162/isec_a_00443.
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Abstract How strenuously, and at what risk, should the United States resist China's efforts to dominate the South China Sea? An identification of three options along a continuum—from increased resistance to China's assertive policies on one end to a partial South China Sea retrenchment on the other, with current U.S. policy in the middle—captures the choices facing the United States. An analysis of China's claims and behavior in the South China Sea and of the threat that China poses to U.S. interests concludes that the United States' best option is to maintain its current level of resistance to China's efforts to dominate the South China Sea. China has been cautious in pursuing its goals, which makes the risks of current policy acceptable. Because U.S. security interests are quite limited, a significantly firmer policy, which would generate an increased risk of a high-intensity war with China, is unwarranted. If future China's actions indicate its determination has significantly increased, the United State should, reluctantly, end its military resistance to Chinese pursuit of peacetime control of the South China Sea and adopt a policy of partial South China Sea retrenchment.
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Lim, Michelle, and Nengye Liu. "Condominium Arrangements as a Legal Mechanism for the Conservation of the South China Sea Large Marine Ecosystem." Asia-Pacific Journal of Ocean Law and Policy 2, no. 1 (June 7, 2017): 52–87. http://dx.doi.org/10.1163/24519391-00201005.
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The South China Sea Large Marine Ecosystem is one of the world’s richest marine biodiversity areas. The sea area is however the site of increasing tensions between its ten coastal States, six of which have competing claims in the South China Sea. The expanding populations and economies of the coastal States have also resulted in the growing depletion of the Sea’s rich marine resources. Coordinated approaches are needed to protect the unique biodiversity and natural resources of the South China Sea at the appropriate ecological scale. The continuation of sovereignty disputes are detrimental to all coastal states as well as international economic interests of non-claimant states which arise as a result of the Sea’s status as a globally important trade route. This paper urges coastal states to adopt a far-sighted outlook which ensures long-term sustainable ecosystems, livelihoods and economies of the region. To do this, a shift in approach which emphasises collaborative management of marine ecosystems is required instead of a scramble for sovereignty to exclusively exploit living and non-living resources. This paper therefore explores how the shared governance arrangement of a condominium could facilitate the exercise of sovereignty for the shared benefit of all coastal States. The paper argues that the condominium approach would enable State parties to put aside thorny sovereignty disputes in favour of collaboration to protect the area’s important and unique biodiversity.
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Beckman, Robert. "The UN Convention on the Law of the Sea and the Maritime Disputes in the South China Sea." American Journal of International Law 107, no. 1 (January 2013): 142–63. http://dx.doi.org/10.5305/amerjintelaw.107.1.0142.
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The UN Convention on the Law of the Sea (UNCLOS) establishes a legal framework to govern all uses of the oceans. All of the states bordering the South China Sea—Brunei Darussalam, China, Indonesia, Malaysia, the Philippines, and Vietnam—are parties to UNCLOS. Taiwan, which also borders the South China Sea, has taken steps to bring its legislation into conformity with UNCLOS.
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VALDEZ, Amiel Ian. "Beyond the Arbitral Ruling: A Transboundary Environmental Impact Assessment in the South China Sea." Asian Journal of International Law 9, no. 2 (May 9, 2019): 251–74. http://dx.doi.org/10.1017/s2044251319000031.
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AbstractThe South China Sea is a common resource where ASEAN Member States derive multiple uses. Nevertheless, the competing claims and conflicting interests of ASEAN nations and other claimants, such as China, raise the issue of transboundary harm within this sea and the sustainability of its resources. This paper argues that, despite the absence of a region-based transboundary environmental impact assessment [EIA] regime covering the South China Sea, ASEAN Member States are bound by their commitments under the Law of the Sea Convention and other binding agreements, as complemented by customary international law, which provide guidance in applying a transboundary EIA over a shared resource. TheSouth China Sea Arbitrationparticularly sets the minimum requisites of not only preparing an EIA, but also communicating the EIA results to relevant international organizations. Here, ASEAN can play a vital role as a platform through which where EIA communication can be channelled.
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Revelo, David. "How can the United States counter China’s claims in the South China Sea?" El Outsider 6 (May 13, 2021): 15. http://dx.doi.org/10.18272/eo.v6i0.2063.
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Over the past decade, tensions between the United States and the People's Republic of China have increased due to the situation in the South China Sea. The tensions between the two countries are the result of the Chinese military campaign in the South China Sea, which aims to execute its territorial claims over a large percentage of the region, including sovereign territories. The tensions have inevitably generated uncertainty and fear in the international community due to the possibility of a direct conflict between the two countries in the future. Considering the economic, commercial, and strategic importance of the South China Sea, the United States wants to support its regional allies to keep their legal territories unaffected, peacefully resolve disputes, and preserve the norms of international law in this area. A direct confrontation between the United States and the People's Republic of China could cause historic instability and unprecedented damage to the world. For these reasons, in this text I will analyze what options exist for the United States to counter China's territorial and maritime claims in the South China Sea. For such an analysis, I will examine a strategy involving direct military conflict, a containment strategy, and an offset strategy.
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G.I., Sheriff, and Esther N. "The South China Sea Impasse and Implications for World Politics." African Journal of Law, Political Research and Administration 4, no. 2 (August 17, 2021): 53–60. http://dx.doi.org/10.52589/ajlpra-y3rlqcog.
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The paper examines the South China Sea impasse between China and its neighbours in the region as well as the United States, which tries to see the sea as an open maritime area for international navigation. Using the secondary documented literature, findings show that the South China Sea is naturally endowed with variegated natural resources ranging from oil, gas and habitable islands that can be developed and this is the reason behind the impasse. The paper concludes that the South China Sea is increasingly a hotspot of conflict between China and the US; it is the subject of several overlapping territorial disputes. Like in most geopolitical tensions, trade would be a prime casualty in case of an escalation. The paper recommends that China, which is the claimant of the South China Sea, and other countries involved should dialogue and come up with policies that are favourable to all parties involved.
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Novoseltsev, Sergey Vladimirovich, and Igor' Valer'evich Ryzhov. "Foreign policy priorities of the United States in Asia-Pacific: impact of the concepts “Pivot to Asia” and “America First”." Конфликтология / nota bene, no. 3 (March 2021): 158–67. http://dx.doi.org/10.7256/2454-0617.2021.3.37156.
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This article analyzes the influence of the United States upon the political processes in APAC based on the example of territorial disputes in the South China Sea. An overview is given to the foreign policy concepts “Pivot to Asia” and “America First” proposed by the administrations of B. Obama and D. Trump respectively, the priorities outlined therein, as well as importance of the conflict in the South China Sea for the US foreign policy. The author examines the practical steps taken by Washington in relation to the South China Sea question, as well as concludes on the objectives of the United States and possible steps in this direction. Although the theme of territorial disputes in the South China Sea, including the degree of involvement of Washington into this issue, as well as other East Asian affairs, is quite popular in the scientific works, the novelty of this research consists in the innovative approach towards consideration of the conflict in the South China Sea not as a separate problem of international relations, but as the foreign policy instrument of superpower and regional powers (including the United States) used for formatting the East Asian regional subsystem of international relations and structuring the Greater East Asia macroregion to their benefit.
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Novoseltsev, Sergey Vladimirovich, and Igor' Valer'evich Ryzhov. "Foreign policy priorities of the United States in Asia-Pacific: impact of the concepts “Pivot to Asia” and “America First”." Конфликтология / nota bene, no. 4 (April 2021): 71–80. http://dx.doi.org/10.7256/2454-0617.2021.4.37156.
Full textAbstract:
This article analyzes the influence of the United States upon the political processes in APAC based on the example of territorial disputes in the South China Sea. An overview is given to the foreign policy concepts “Pivot to Asia” and “America First” proposed by the administrations of B. Obama and D. Trump respectively, the priorities outlined therein, as well as importance of the conflict in the South China Sea for the US foreign policy. The author examines the practical steps taken by Washington in relation to the South China Sea question, as well as concludes on the objectives of the United States and possible steps in this direction. Although the theme of territorial disputes in the South China Sea, including the degree of involvement of Washington into this issue, as well as other East Asian affairs, is quite popular in the scientific works, the novelty of this research consists in the innovative approach towards consideration of the conflict in the South China Sea not as a separate problem of international relations, but as the foreign policy instrument of superpower and regional powers (including the United States) used for formatting the East Asian regional subsystem of international relations and structuring the Greater East Asia macroregion to their benefit.
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Teixeira, Victor. "The United States’ China Containment Strategy and the South China Sea Dispute." Central European Journal of International and Security Studies 13, no. 3 (September 25, 2019): 166–93. http://dx.doi.org/10.51870/cejiss.a130305.
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The common contention regarding the South China Sea is that its characteristic assets are the central or even the sole explanation for the debate. However, it is the argument of this study that this view is distorted and perilously deceptive. This study argues that there are multiple explanations for these territorial disputes and that they are significantly complicated by the proximity of a few players, the ascent of powerful new forces, the impact of financial power, the dispersion of military and political power, and geopolitical rivalry in Asia. The Unites States views China as a threat to its global hegemony and so has a policy of ‘containment’. In the context of the South China Sea, its policies therefore are not intended to resolve disputes in a mutually beneficial way, but to limit China’s influence. This forces countries to ‘choose sides’ rather than engage in mutually beneficial trade. The policy has now also led to a trade war, which could escalate into a military confrontation. This investigation examines the progression of this debate by taking into consideration the various geostrategic, geo-economics, and geopolitical interests of the parties involved and suggests a fundamental paradigm shift in the direction of research to be more conducive toward finding a realistic and peaceful resolution to the disputes in the South China Sea.
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Arumbinang, Mohammad Hazyar, Yordan Gunawan, and Rizaldy Anggriawan. "The Fishing Rights Conflict in the South China Sea between Vietnam and China." Sriwijaya Law Review 5, no. 2 (July 30, 2021): 205. http://dx.doi.org/10.28946/slrev.vol5.iss2.875.pp205-217.
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This research aims to understand and clarify the international legal perspec-tive relating to the current dispute and how they are resolved according to international law between Vietnam and China over fishing rights in the South China Sea. This paper has adopted a normative legal research with a statutory and historical approaches. The data will be analysed by using de-scriptive-analytical analysis. This paper reveals that there are two legal is-sues in the fishing rights conflict between Vietnam and China. First is the legality of the Nine-dashed Line by China to claim the disputed water. Sec-ond, the legality of unilateral fishing ban policy by China over the disputed water, which both has no legality under international law. Although China claims over SCS using Nine-dashed Line and unilateral fishing ban policy under international law has no legal basis, the dispute over SCS including fishing rights continued until today. The solutions offered to solve these problems include a resolution on SCS dispute must be made legally and di-plomacy to build confidence-building measures. Ideally, both states should honour the accepted negotiation steps to agree upon compensation for the effects of the disputes and be sincere and earnest in their attempts and com-mitment to resolving their dispute.
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Keyuan, Zou. "Navigation in the South China Sea:Why Still an Issue?" International Journal of Marine and Coastal Law 32, no. 2 (June 14, 2017): 243–67. http://dx.doi.org/10.1163/15718085-12322038.
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The safety of navigation remains an issue in the sense that navigation through the South China Sea is essential for world seaborne trade and communications, and the lingering territorial and maritime disputes would constitute a threat to the safety of navigation there. In recent years, the term ‘freedom of navigation’ has become a pivotal expression in the rivalry between China and the United States in the South China Sea. This paper starts with addressing the international legal framework concerning navigation, followed by state practice in the South China Sea, including domestic legislation and safety measures. It then discusses the issue of military activities in the exclusive economic zone and their implications for the freedom of navigation. The paper identifies several issues connected to navigation, such as the U-shaped line, law enforcement patrols, and the recent South China Sea Arbitration. A brief conclusion is provided at the end.
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TEIXEIRA, Victor Alexandre, and Jose Francisco Lynce Zagallo PAVIA. "EAST ASIA: THE SYSTEMIC DISORDER AND THE SOUTH CHINA SEA DISPUTE. AN INTERNATIONAL LAW PROSPECT." Conflict Studies Quarterly, no. 34 (January 5, 2021): 66–83. http://dx.doi.org/10.24193/csq.34.4.
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"Abstract: This paper analyzes the South China Sea dispute when the international system lacks orientation and respect for the norms, values, and institutions. The conflict is conceptualized to encompass the States, International Law, and the East Asia order. The evidence demonstrates that ASEAN’s regional order is more efficient than the US-Led Liberal order through UNCLOS. Additionally, it is necessary to overhaul and strengthen the institutional mechanisms from international law regarding the United Nations. A change in the order and an international recognition are recommended to legitimize regional institutions to arbitrate territorial disputes. Keywords: ASEAN, regional order, conflict resolution, South China Sea Dispute."
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Pomès, Eric, and Jean-Marc Coicaud. "The Emotional Backdrop of Legal Discourses in South China Sea Disputes." Polish Political Science Yearbook 50, no. 1 (2021): 1–18. http://dx.doi.org/10.15804/ppsy202104.
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The China Sea connects as many coastal states as it divides due to the economic and strategic challenges it represents. It also embodies an area of confrontations between the Great American and Chinese strategies. Identifying with precision the differences that arise requires an interest in the symbolic dimensions that surround them. This angle of analysis provides an opportunity to observe the functioning of international law and inevitably leads to a discussion of the emerging international order. The literature on the situation in the China Sea abounds. The paper’s singularity is to approach it under the prism of international law as revealing the psychology of an actor. To carry out this research, the authors use a pragmatic and critical approach to international law. The thesis defended shows that, contrary to a positivist and judicial approach to international law, elements exogenous to the law, the history, and the psychology of an actor, influence the interpretation of existing norms.
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Guilfoyle, Douglas. "The rule of law and maritime security: understanding lawfare in the South China Sea." International Affairs 95, no. 5 (September 1, 2019): 999–1017. http://dx.doi.org/10.1093/ia/iiz141.
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Abstract Does the rule of law matter to maritime security? One way into the question is to examine whether states show a discursive commitment that maritime security practices must comply with international law. International law thus provides tools for argument for or against the validity of certain practices. The proposition is thus not only that international law matters to maritime security, but legal argument does too. In this article, these claims will be explored in relation to the South China Sea dispute. The dispute involves Chinese claims to enjoy special rights within the ‘nine-dash line’ on official maps which appears to lay claim to much of the South China Sea. Within this area sovereignty remains disputed over numerous islands and other maritime features. Many of the claimant states have engaged in island-building activities, although none on the scale of China. Ideas matter in such contests, affecting perceptions of reality and of what is possible. International law provides one such set of ideas. Law may be a useful tool in consolidating gains or defeating a rival's claims. For China, law is a key domain in which it is seeking to consolidate control over the South China Sea. The article places the relevant Chinese legal arguments in the context of China's historic engagement with the law of the sea. It argues that the flaw in China's approach has been to underestimate the extent to which it impinges on other states' national interests in the maritime domain, interests they conceptualize in legal terms.
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Thao, Nguyen Huong Thach. "The Philippines and Vietnam’s Responses to the Permanent Court of Arbitration’s Final Award on the Arbitration Case Initiated by the Philippines Against China over the South China Sea (July 2016)." Vienna Journal of East Asian Studies 11, no. 1 (December 1, 2019): 155–78. http://dx.doi.org/10.2478/vjeas-2019-0006.
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Abstract In July 2016, the Permanent Court of Arbitration (PCA) issued its final award on the South China Sea dispute between the Philippines and China that caught the attention of the international community. Since this was the first time that a claimant in the South China Sea had ever referred the case to an international juridical body in an effort to settle the dispute, the responses of both claimant and non-claimant stakeholders were awaited. Realising the relevance of the issue, I conduct a comparative study of the responses to the PCA’s final award to two major claimants with similar positions on the South China Sea—the Philippines and Vietnam. The main aim of this study is to indicate the similarities and/or differences in the way these two states responded to the final decisions of the PCA. The study finds that even though both the Philippines and Vietnam reacted to the award in a similar manner, the motives behind their responses were different. In general, the South China Sea policy of the Philippines has always been less consistent than that of Vietnam, which can be explained through each state’s foreign policy tendencies.
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Mishin, Igor O. "U.S.’ South China Sea policy: The first steps under presidency of Joe Biden." Asia and Africa Today, no. 12 (2021): 12. http://dx.doi.org/10.31857/s032150750017800-2.
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The South China Sea conflict is still the «hot - spot» of the Asia-Pacific. In this article special attention is paid to the position of the United States in the South China Sea conflict under the presidency of Joe Biden. US national interests in the South China Sea are shaped by the American desire to maintain its geopolitical dominance in the Asia-Pacific region and prevent the growth of any hostile power. Today, the South China Sea is the world's most important water area, control over which gives an economic and military advantage. In 2020 the United States officially declared the PRC a "country whose actions are aimed at revising the international order" and a "strategic rival". The United States believes that Beijing's policy of creating and militarizing outposts in the SCS allegedly jeopardizes free trade, threatens the sovereignty of other countries, and undermines regional stability. Moreover, the United States blames China for trying to use the pandemic as a way to achieve its goals in the South China Sea. The first steps taken by Joe Biden administration clearly indicate Washington’s continuation of previous American hard line in South China Sea. Despite the change in presidential administrations, the United States continues to actively engage US Navy warships as part of operations to protect freedom of navigation, using them as a tool to contain China. In addition, the new administration is actively building an informal anti-Chinese coalition in the region, using both bilateral ties with allies and multilateral platforms, primarily NATO, Quad and AUKUS.
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Pietrasiak, Małgorzata. "The ASEAN’s Attitude to the South China Sea Dispute after the Verdict of the Permanent Court of Arbitration in the Hague." Przegląd Strategiczny, no. 13 (December 31, 2020): 215–27. http://dx.doi.org/10.14746/ps.2020.1.13.
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The South China Sea is the most inflammable area in the region of Southeast Asia due to its natural resources, commercial and political importance. The ASEAN countries directly involved in the dispute have conflicting interests, mainly related to their relationship with China, a pretender for the whole area. Therefore, attemps to settle the dispute are not successful. On July 12, 2016, the Permanent Court of Arbitration in The Hague issued a verdict taking into account the Law of the Sea, in which it accepted the Philippines’s arguments and rejected China’s claims based on historical arguments against the islands in the South China Sea. China did not take part in the trial and found its sentences non-binding but at the same time it has entered into a dialogue with ASEAN on the code of conduct (COC) in the South China Sea. The purpose of the article is to discuss how the parties are involved in the conflict, progress towards signing the Code of Conduct for the Parties in the South China Sea and the attitude of ASEAN countries to this conflict. Due to the degree of dependence of economies on Chinese influence, and relations with other powers, mainly the US, the behavior of individual countries is different. Hence the problem with the organization’s cohesion and attempts to break the deadlock, which have been unsuccessful so far. The basic research hypothesis that will be verified is to maintain the status quo in the South China Sea in the long run. At the same time, it was noted that Vietnam is prepared for long-term actions, based on diplomatic tools combined with a tough attitude, to solve problems related to the sovereignty of disputed areas. ASEAN will have to face up with the issues more consistently, by making greater use of quiet diplomacy. The theoretical basis of the article is Hurrell’s theory of neorealism, which analyzes, among other things, the principles and objectives of regional organizations in the international environment. Hurrell assumes that all regional organizations cannot be understood differently from their regional balance of power and regional dominant forces policy and ASEAN’s attitude proves this point of view.
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Thayer, Carlyle A. "Chinese Assertiveness in the South China Sea and Southeast Asian Responses." Journal of Current Southeast Asian Affairs 30, no. 2 (June 2011): 77–104. http://dx.doi.org/10.1177/186810341103000205.
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This article reviews Chinese assertive behaviour towards the Philippines and Vietnam over South China Sea issues in 2011. The article compares and contrasts Chinese diplomatic behaviour in the period before and after the adoption by ASEAN member states and China of Guidelines for the Implementation the Declaration on Conduct of Parties in the South China Sea in July. In the first period China aggressively asserted its claims to sovereignty by interfering with commercial fishing and oil exploration activities of vessels operating in the Exclusive Economic Zones of Vietnam and the Philippines. Both states resisted Chinese actions. The Philippines allocated increased funding for defence modernization, lobbied ASEAN states and shored up its alliance with the United States. Vietnam too protested Chinese action and undertook symbolic steps to defend national sovereignty. In the second period all states moved to contain South China Sea tensions from affecting their larger bilateral relations. It remains to be seen, however, if proposed confidence building measures will ameliorate Chinese assertiveness.
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Askari, Muhammad Usman, and Muhammad Tahir. "Vietnam and Philippines’ Hedging against China in the South China Sea: Economic and Security Perspectives." Pakistan Journal of Social Research 03, no. 04 (December 31, 2021): 120–27. http://dx.doi.org/10.52567/pjsr.v3i4.85.
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This article is based on the argument that despite competing for territorial claims and different military stands off, the competing states have shown considerable restraint and hedging behaviors against each other’s to not make the politics of the South China Sea on a point of no return. This assumption is correct in a way that on economic forums like Association of Southeast Asian Nations (ASEAN), they have shown their consensus to resolve their disputes peacefully. But it seems wrong on the pretext that then why this economic interdependence has not provided the space to resolve their perennial territorial disputes in the South China Sea. To find out which assumption seems true, this article is based on the theoretical framework of the Strategic Hedging perspective. This study tries to find the answer to the research question of despite close economic interdependence and military stands offs, why regional states have failed to resolve the SCS dispute? China, the regional hegemon, claims the South China Sea (SCS) region as its core interest and provides the basis for its claims based on historical usage and part of the ancient Chinese dynasties. Vietnam has also shown inflexibility in its claim in the region overlapping with China and other competing states. Honai has also invoked international law to stop the Chinese territorial assertiveness in the region. The Philippines, one of the three important claimants of the SCS, has also tried to take help of the international court of arbitration and the support of global hegemon the US to extend its sovereignty in the disputed islands of the SCS. This article concludes with the findings that Vietnam and the Philippines are using constrain cum hedging to save their national interests from Beijing. Keywords: Politics, Hedging, South China Sea, Economy, Security, Spratly, Paracel
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Bikundo, Edwin. "Artificial Islands, Artificial Highways and Pirates." Asia-Pacific Journal of Ocean Law and Policy 2, no. 1 (June 7, 2017): 140–66. http://dx.doi.org/10.1163/24519391-00201008.
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The United States promotes freedom of navigation in the South China Sea while China constructs artificial islands in the same area to bolster up its territorial claims. Both countries utilize their navies similarly but for opposed legal reasons. This reflects a geopolitical contest with the United States championing a sea open to global navigation and commerce while China builds a primarily land based ‘New Silk Road’ linking it to critical markets and natural resources. That struggle between land and sea, similarly as it were with piracy, encompasses both the law of the sea and international criminal law. Reading Carl Schmitt’s Land and Sea in light of Johann Wolfgang Goethe’s Faust in the context of the various South China Sea disputes provides the opportunity to evaluate whether it may clarify geo-strategic issues at stake that Schmitt himself did not have the opportunity to consider when elaborating his notion of Nomos.
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Mohamed Zaydan, Rasha Suhail. "US-Chinese competition against the South China Sea (A study of geo-strategic dimensions)." Tikrit Journal For Political Science, no. 20 (July 13, 2020): 173. http://dx.doi.org/10.25130/poltic.v0i20.229.
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International balances, especially the geostrategic balances the United States and China, are among the most important regional and international balances of the new international order, specifically the Asia-Pacific region. In addition to the importance of the strategic environment over which the two countries compete, if the South China Sea occupies a geostrategic position as a result of the political, economic and military security capabilities that it enjoys, then China regards it as a part of its territory and is subject to its regional sovereignty. The Asia_ Pacific region, and preventing the United States from competing with it and controlling it as a vital economic, commercial and military field, is security for it.
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Beckman, Robert C., and Clive H. Schofield. "Defining eez Claims from Islands: A Potential South China Sea Change." International Journal of Marine and Coastal Law 29, no. 2 (June 9, 2014): 193–243. http://dx.doi.org/10.1163/15718085-12341321.
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In the face of seemingly intractable territorial and maritime disputes in the South China Sea, the article examines how the 1982 United Nations Convention on the Law of the Sea (losc), sets out what maritime claims States can make in the South China Sea and how it establishes a framework that will enable States to either negotiate maritime boundary agreements or negotiate joint development arrangements (jdas) in areas of overlapping maritime claims. It provides an avenue whereby the maritime claims of the claimants can be brought into line with international law, potentially allowing for meaningful discussions on cooperation and maritime joint development based on areas of overlapping maritime claims defined on the basis of the losc.
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Gildore, Phyll Jhann E., and Christian Jay O. Syting. "Media Representation of States Involved in the South China Sea Dispute: International News in Context." World Journal of English Language 12, no. 6 (July 7, 2022): 19. http://dx.doi.org/10.5430/wjel.v12n6p19.
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The media has discursively represented China, the Philippines, and the United States as states involved in territorial disputes in the South China Sea. These discursive representations ultimately pervade the media and public spheres. This study aimed to unravel these media representations by employing Halliday’s transitivity analysis and van Djik’s notion of ideological squares in analyzing news articles of the dispute from leading international news media. The analyses uncovered that China, the Philippines, and the United States are depicted to be actively involved in the dispute. The articles depict China’s assertive and aggressive measures in the disputed waters and against the United States. China is likewise portrayed to be favoring efforts to forward diplomatic resolutions in the region. The United States is depicted as aggressive towards China while maintaining a projection of power and intimidation in the region as the security guarantor. The Philippines, moreover, is portrayed to advance its claims in the context of forwarding aggressive policies, diplomatic protest, and negotiations and proposals for diplomatic resolutions, all while balancing relations with the US and China. These discursive representations demonstrate how the media has construed and constructed for the public the states involved in the territorial dispute.
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Putri, Intan Novia, Dina Sunyowati, and Enny Narwati. "China’s Claim on Traditional Fishing Grounds Located in the South China Sea." Environmental Policy and Law 50, no. 3 (December 21, 2020): 243–50. http://dx.doi.org/10.3233/epl-200221.
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The government of the People’s Republic of China (PRC) has strongly protested Indonesian fishing in the South China Sea, stating that it considered these waters to be a traditional Chinese fishing area. In fact, however, the area in question is within the Exclusive Economic Zone (EEZ) of Indonesia. This study aims to determine whether the determination of the boundaries of that EEZ was in accordance with the rights and obligations of Indonesia. The research method used was a normative law research, applying statutory and conceptual approaches. This article determines that a State’s right within its EEZ is a sovereign right and that the claims of the traditional fishing ground of the South China Sea is not justifiable, from the perspective of international maritime law. The term “traditional fishing ground” is not used in the United Nations Convention on the Law of the Sea. The determination of fishing rights in a country’s territorial waters or EEZ should be based on license by the State that has declared the EEZ. This analysis concludes that China’s claims to the South China Sea as a traditional fishing ground has no legal basis. It also states that where a coastal country’s EEZ includes a sea border with another country, the two should negotiate a bilateral agreement in accordance with applicable international law and make a commitment to mutual understanding and cooperation.
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ZHENG, Yongnian, and Liang Fook LYE. "China's Foreign Policy: Balancing its International Responsibility and National Interest." East Asian Policy 08, no. 01 (January 2016): 55–70. http://dx.doi.org/10.1142/s1793930516000052.
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While China is committed to upholding a United Nations (UN)-centred world order and support the implementation of the UN development agenda for the next 15 years, it has ramped up its island building and facilities construction in the South China Sea to assert its national interest. Greater uncertainty can be expected with China operationalising the facilities it has built and the United States bent on conducting freedom of navigation operations to challenge China's claims.
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Salako, Solomon E. "Entitlement to Islands, Rocks and Low – Tide Elevations in the South China Sea: Geoeconomics versus Rule of Law." International Law Research 7, no. 1 (August 17, 2018): 247. http://dx.doi.org/10.5539/ilr.v7n1p247.
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Entitlement to islands, rocks and low-tide elevations in the South China Sea is based either on historical claims under customary international law or on maritime claims under the United Nations Convention on the Law of the Sea 1982 (UNCLOS). China’s ‘entitlement’ to islands, rocks and low-tide elevations in the South China Sea is based on historical claims spanning over two thousand years. However, there are other littoral claimants such as Taiwan, the Philippines, Vietman and Japan, and what is more, the United States is implicated in Japan’s claim for historical and other reasons. The objects of this article are to evaluate the rule of law and geoeconomics in claims to islands, rocks and low-tide elevations in the South China Sea, especially the Philippines-China arbitration; to show that the historical and maritime claims intersect and collide; to evaluate the United States’ involvement and the Thucydides trap; and to articulate the reasons why geoeconomics should guide not only the interpretation of UNCLOS but also state responses in terms of joint development and unilateral strategies.
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Gunawan, Yordan, Dwilani Irrynta, Caterina García Segura, and Pablo Pareja Alcaraz. "Dispute Resolution between the Philippines and China: Fishing Activities in the South China Sea." UNISCI Journal 20, no. 59 (May 15, 2022): 59–73. http://dx.doi.org/10.31439/unisci-141.
Full textAbstract:
Chinese fishing vessels and maritime militias were found in Philippine waters on April 12, 2021. Diplomatic protests raised by the Philippines have been ignored by China, which still claims most of the South China Sea, although in 2016 The Permanent Court of Arbitration at The Hague under Annex VII of the United Nations (UN) Convention on the Law of the Sea (UNCLOS), ruled that such a claim is inconsistent with international law. In the article, the authors use a normative research method and a comprehensive literature review in which sources are obtained from secondary data. The results show that China violates the tribunal ruling by infringing the sovereign rights of the Philippines’ Exclusive Economic Zone (EEZ). For the avoidance and prevention of further issues between the two states, the establishment of a Provisional Measures Zone (PMZ) may be used as a settlement.
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McGee, Jeffrey, Brendan Gogarty, and Danielle Smith. "Associational Balance of Power and the Possibilities for International Law in the South China Sea." Asia-Pacific Journal of Ocean Law and Policy 2, no. 1 (June 7, 2017): 88–116. http://dx.doi.org/10.1163/24519391-00201006.
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Recent territorial disputes in the South China Sea (scs) have been viewed as a proxy for wider geopolitical tension between the United States and China. Realist commentators therefore argue that power will be the key driver of outcomes and the likely role of international law is peripheral. Mainstream international law scholarship is ill-equipped to respond to such criticism as it largely marginalises the relationship between law and power. However, some leading historical figures in International Law and International Relations have long argued that an ‘associational balance of power’ between States is an essential pre-condition for the effective operation of international law. We argue that re-enlivening this focus on ‘associational balance of power’ offers new insights into the possibilities for international law in the scs. We therefore recommend an interdisciplinary research program across the fields of International Law and Strategic Studies aimed at facilitating rule-based resolution of disputes in the scs.
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Kraska, James. "Maritime Confidence-building Measures for Navigation in the South China Sea." International Journal of Marine and Coastal Law 32, no. 2 (June 14, 2017): 268–97. http://dx.doi.org/10.1163/15718085-12322035.
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This article considers the development and efficacy of maritime confidence-building measures (cbms) to ensure safe and secure navigation in the region, and to reduce tension and prevent conflict. The 1982 United Nations Convention on the Law of the Sea (losc) and the 1972 International Regulations for Preventing Collisions at Sea (colreg) are multilateral agreements that set forth legally binding obligations of all states. The 2014 Code for Unplanned Encounters at Sea (cues) provides greater fidelity for duties of safe interaction at sea, but it is nonbinding. The two major powers signed in 2014 and 2015 a legally nonbinding Memorandum of Understanding (mou) on the Rules of Behaviour for Safety of Air and Maritime Encounters. This article concludes that the nonbinding instruments are unlikely to enhance navigational safety or security, and in some respects, may even undermine it.
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Liu, Yulu. "Prospects for Regional Soft Law to Protect the South China Sea Marine Environment." Asia-Pacific Journal of Ocean Law and Policy 7, no. 1 (February 27, 2022): 30–52. http://dx.doi.org/10.1163/24519391-07010003.
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Abstract International marine environmental law has found its primary sources in international legal principles and conventions. At the regional level, some organisations prefer soft laws as their main instruments for regional marine environmental protection. This article proposes that coastal states could use soft law instruments in the South China Sea (scs) region to protect the marine environment through robust institutional processes, addressing environmental degradation concerns against a tense geopolitical backdrop. Based on discussions of regional practices, this article proposes that scs coastal states could strengthen their regional cooperation efforts using the existing soft-law structures by strengthening implementation cooperation through specific and targeted measures.