Solving Disputes For Regional Cooperation And Development In The South China Sea

Book Description :

This book discusses the South China Sea dispute from a Chinese perspective with regards to history, law, international politics, the economy, diplomacy and military affairs. Not only does it detail China’s official position on the sovereignty and maritime disputes in the South China Sea, but also provides analyses of the related factors influencing the origin and development of these disputes. It further assesses the complexity, internationalisation and long-term struggle over the South China Sea and China’s efforts in dispute resolution. Solving Disputes for Regional Cooperation and Development aims to help readers better understand a Chinese perspective on the complexity of the South China Sea disputes, including competition over the sovereignty of the islets, islands regime and its impact on maritime delimitation, overlapping maritime claims, and how the adjacent states can cooperate for resource development in the South China Sea. This title is highly pertinent in the context of the growing attention paid to potential international conflicts in the South China Sea, and covers a wide range of topics including history, law, international politics, economy, diplomacy and military affairs. Highly pertinent in the context of the growing attention paid to potential international conflicts in the South China Sea Covers a wide range of topics including history, law, international politics, economy, diplomacy and military affairs One of the very few books written by a Chinese scholar in English in this area

Book Description :

"As a primary trade route for more than half of the world's shipping, the location of potentially huge oil and gas reserves, and the main source of protein in maritime South- East Asia, the South China Sea is a governing determinant of security, prosperity and development in East Asia and the wider Indo-Pacific region. The disputes in the South China Sea have long been seen as a source of tension and instability in the region. Although peace has been maintained until now, the South China Sea is the epicentre of changes in the international balance of power which have the potential to trigger military conflict. The South China Sea sovereignty disputes are among the most complicated in the world and engage claims from Brunei, China, Malaysia, Philippines, Taiwan, and Vietnam. Given the complex convergence of national interests in the region, the prospect of settling the decades-old disputes completely is very slim"--

Book Description :

The proposed book draws on the on-going South China Sea dispute, and the multifaceted challenges wrought by the South China Sea issue that requires an inter-disciplinary perspective. It employs legal-analytical methods, to emphasize the nuances of the role and interpretation of international law and treaties by China in different periods, while taking into account policy and strategic concerns, which generally cast great sways in decision-making. The re-introduction of interdisciplinary concerns straddling law and history illustrates that the historical dimension, which has long been neglected, is an emerging concern that poses looming dangers that may unexpectedly radicalize the friction. Contributing to debunking the mystique wrought by confrontations between a historical and a law-dominated perspective, these perspectives are supported by a more nuanced analytical framework, featuring theoretical concerns with a tinge of practicality. The South China Sea Dispute aims to unveil a nuanced evolution of the issue with a confluence of inter-temporal law, policy and maritime practices in the South China Sea.

Book Description :

The South China Sea, where a number of great powers and regional players contend for influence, has emerged as one of the most potentially explosive regions in the world today. What can be done to reduce the possibility of conflict, solve the outstanding territorial problems, and harness the potential of the sea to promote regional development, environmental sustainability and security? This book, with contributions from leading authorities in China, the Philippines, Vietnam, Australia, Singapore and the United States, seeks to illuminate these questions.

Book Description :

The South China Sea disputes continue to confuse and confound policymakers. All the countries bordering directly on this sea - China, Vietnam, Taiwan, the Philippines, Malaysia, and Brunei - have claimed some or all of the tiny, but strategically located, Spratly Islets and some or all of the maritime space and its resources. All of these claims have serious weaknesses under the principles of international law that govern these issues. This book offers several possible regional interim solutions to the South China Sea disputes. All of the national claims to both islands and ocean space in the region have weaknesses. An interim solution is urgently needed because the status quo is dangerous and unstable, because of unilateral actions by the claimants and continuing opportunities for involvement by outside powers. Division or allocation of the features and ocean space among the competing claimants seem unfeasible because of their sharp disagreements over the boundaries of the area in dispute as well as what would constitute an appropriate equitable division. The authors survey the principles that appear to guide the nations of the South China Sea region in their regional relations, and they identify the appropriate objectives of a regional resource authority. They also identify the political realities of the region, which serve as constraints on the design of a regime. The authors propose the creation of a regional multilateral resource management body as a solution to reduce the tension currently rife in the region. The options presented serve as illustrations designed to stimulate constructive discussion on a comprehensive multilateral interim solution to these difficult and dangerous disputes. Sharing the Resources of the South China Sea will be of interest to international decision-makers, negotiators, and academics desirous of a peaceful solution to these disputes.

Book Description :

On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People’s Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea. The South China Sea Arbitration is a landmark case in international law because of the parties involved, the legal questions to be decided and the absence of one of the parties. As revealed in its official statements, the PRC will neither accept nor participate in this arbitration nor present written and oral arguments in the tribunal room. Such default of appearance makes applicable certain procedural rules. According to Article 9 of Annex VII, the Tribunal, before making its Award, is obligated to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well-founded in fact and law. Therefore, it is necessary for the Tribunal to look into all the claims brought forward by the Philippines and all the disputes constituted by the claims in the procedural phase. The possible arguments the PRC could make should be explored during this process. This book brings together chapters selected from well-established scholars in Asia, Europe and North America addressing the issues arising from the South China Sea Arbitration. It contains five easy to read parts: origin and development of the South China Sea dispute; the jurisdiction and admissibility of the case; international adjudication and dispute settlement; legal issues arising from the case such as the legal status of the U-shaped line and islands, rocks and low-tide elevations; and the Arbitration case and its impact on regional maritime security.

Book Description :

The South China Sea region contains potentially huge deposits of petroleum and natural gas, important shipping lanes and fishing areas, and is subject to a number of maritime territorial disputes. This edited volume analyzes the most recent development in the South China Sea dispute looking at the positions taken by China, the ASEAN countries, and the US. In recent years maritime joint development zones have emerged as an important means to overcome deadlock in relation to maritime jurisdictional claims. This book tests the applicability of joint development regime in this region and explores the prospect of joint development of resources as a way to successfully manage the conflict in the South China Sea. Eminent scholars in the field of South China Sea studies have contributed original chapters to the volume covering such issues as: the legal framework for joint development; how joint development might work in practice; the challenges faced by and the prospects arising from joint development; and the way forward for the region.

Book Description :

Studienarbeit aus dem Jahr 2017 im Fachbereich Politik - Internationale Politik - Region: Südasien, , Sprache: Deutsch, Abstract: In the South China Sea, overlapping territory, maritime and economic claims are the reason for political tension. It is one of the most contested maritime areas in the world. On the seabed, large oil and gas deposits are expected to exist, there are rich fishing grounds and many important trade routes cross the South China Sea. Due to this, also non-claimant nations like the United States want the South China Sea to remain International Waters – to ensure the “Freedom of Navigation”, based in the International Law. The growing Chinese sphere of influence is observed with concern and China as a whole is perceived as a potential threat for the littoral states on the one and the United States on the other hand. Conversely, China accuses these states for claiming an area, which is Chinese territory since ancient times. This thesis examines the existing policy options the Chinese government can apply to reduce the insecurities in the region and to find possible arrangements with the neighboring states. Above all, the question is if China should take a more cooperative approach to the territorial disputes. First, the origins of the conflict will be highlighted, followed by an analysis of the policy options escalation and cooperation. States involved in territorial and maritime conflicts such as the South China Sea dispute have the opportunities to cooperate or to escalate – both options can appear in various forms. At the end of this thesis, there will be one suggested political strategy for the Chinese government to operate in this stretch of water.

Book Description :

This book explores the very latest developments in the South China Sea maritime dispute. It examines the South China Sea as an arena for geostrategic competition between China and the United States and why the dispute is so important for regional and global geopolitics. It outlines the most recent developments in the sea itself and assesses the role of the Association of Southeast Asian Nations (ASEAN) and the current views of the contesting claimants. It considers the position of countries from outside the region, India as well as Japan; surveys military and naval developments; and examines confidence building, preventive diplomacy, and dispute resolution measures. The book concludes by highlighting the points of greatest risk and by discussing how the situation is likely to develop going forward.

Book Description :

The settlement of the maritime boundary disputes between China and Japan in the East China Sea, and between Greece and Turkey in the Aegean Sea, is politically deadlocked. While diplomatic settlement efforts have been ongoing for the past several decades, neither side in each case appears prepared to back down from its respective maritime and territorial claims. Several incidents at sea have occurred, prompting diplomatic protests, military standoffs, even exchange of fire. The existing status quo is inherently unstable and does not favour either side to the extent that it holds hostage the multiple benefits that could otherwise be generated from the exploitation of the seabed energy and mineral resources in the disputed waters, creating an urgent need for a meaningful discussion on finding a practical way forward. This monograph undertakes a comprehensive analysis of these disputes based on the rules and principles of international law, critically evaluating possible institutional designs of inter-State cooperation over seabed activities in disputed maritime areas and makes recommendations for the prospect of realising joint development regimes in the East China Sea and the Aegean to coordinate the exploration for and exploitation of resources without having resorted previously to boundary delimitation settlement.

Book Description :

This book provides an explanation of Chinese policy towards the South China Sea, and argues that this has been sculpted by the changing dynamics of the law of the sea in conjunction with regional geopolitical flux. The past few decades have witnessed a bifurcated trend in China’s management of territorial disputes. Over the years, while China gradually calmed and settled most land-border disputes with its neighbors, disputes on the ocean frontier continued to simmer in a seething cauldron. China's Policy towards the South China Sea attributes the distinctive path of China’s approach to maritime disputes to a unique factor – the law of the sea (LOS) as the "rules of the road" in the ocean. By deconstructing the concept of "sovereignty" and treating the LOS as an evolving regime, the book examines how the changing dynamics of the LOS regime have complicated and reshaped the nature and content of sovereign disputes in the ocean regime as well as the options of settlement. Applying the findings to the South China Sea case, the author traces the learning curve on which China has embarked to comprehend the complexity of the dispute accordingly and finds that it is the dynamic interaction of the law of the sea regime and the geopolitical conditions that has driven the evolution of China’s South China Sea policy. This book will be of great interest to students of Chinese and Asian politics, international law, international relations and security studies.

Book Description :

China and the South China Sea Disputes, the latest in the International Institute for Strategic Studies' Adelphi Papers series, provides the most up-to-date analysis of the political context for South China Sea issues--with a focus on China--and offers an assessment of the future. Mark Valencia analyses China's rhetoric, actions, and intent in the area, and reviews China's relations with the United States, ASEAN, and other claimants in the South China Sea.

Book Description :

This edited volume rethinks the relationship between power and law in the age of China’s rise by examining recent developments in the South China Sea (SCS). The contributors explore different interpretations of international law on the legal status of the contested islands and rocks and provide detailed analyses of the contested concepts and provisions, the 2016 ruling by the SCS arbitration tribunal, as well as the environmental, economic, and political impacts of the ruling. This book facilitates a more meaningful and productive dialogue over the intersection, interaction, and interdependence between power and law in the context of the SCS. Assessing the interactions between political, legal, and normative forces, it provides insights into the specific dynamics of the dispute and the shifting security landscape in the region, but also offers a basis for thinking more deeply about the broader rise of China. This book will appeal to both students and scholars of IR, International Law, and Asian Studies and those engaged in research on the SCS disputes, the rise of China, and with a theoretical interest in law and power in international affairs.

Book Description :

In an increasingly complex and interlinked world, Malaysia’s dependence on the seas will continue to be shaped by a multitude of new, constantly evolving and multifaceted issues and challenges. Claims and counterclaims of maritime features and territories, the jostling for influence and space among naval powers, depletion of marine resources, pollution of the oceans and marine environment, climate change, sea level rise, impact of global economic vagaries on the maritime industry will continue to dominate Malaysia’s maritime agenda. These issues demand nuanced responses to ensure our manifold maritime interests are not compromised and the regional seas remain open for our use and for the benefit of the international community. Confronting and addressing them require proactive, creative and well thought-out policies and positions to safeguard national economic, sovereign and strategic interests, and to ensure our seas remain clean, safe, secure and bountiful for current and future use.

Book Description :

Research on The United Nations Convention on the Law of the Sea (UNCLOS) is a valuable addition to understanding the political situation in the potentially volatile South China Sea region. This book covers topics such as baselines, historic title and rights, due regard and abuse of rights, peaceful use of the ocean, navigation regimes, marine scientific research, intelligence gathering, the UNCLOS dispute settlement system and regional common heritage. In search of varying viewpoints, the authors in this book come from multiple countries, including the Philippines, Australia, Ireland, Mainland China and Taiwan, the United States, and Indonesia, Singapore, UK and Germany. Ongoing events, such as the recent waves made by China in the East China Sea and increasing tensions between the South East Asian countries over the use of South China Sea, make this book especially pertinent.

Book Description :

This book offers an assessment of China’s assertive foreign policy behavior with a special focus on Chinese policies in the South China Sea (SCS). By providing a detailed account of the events in the SCS and by analyzing power dynamics in the region, it identifies the driving forces behind China’s assertive foreign policy. Considering China’s power on a domestic as well as an international level, it examines a number of different sources of hard and soft power, including military, economics, geopolitics, and domestic legitimacy. The author demonstrates that Chinese assertiveness in the SCS can be explained not only by increases in China’s power, but also by effective reactions to other actors’ foreign policy changes. The book will appeal to scholars in international relations, especially those interested in a better understanding of South China Sea developments, China’s political power and foreign policy, and East Asian international affairs.

Book Description :

This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice’s judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of “islands”, “rocks” and “low-tide elevations”; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.

Book Description :

The South China Sea is arguably one of the world’s most dangerous regions, with conflicting diplomatic, legal, and security claims by major and mid-level powers. CSIS brings together an international group of experts to provide a diverse and wide-ranging set of perspectives on the region and to explore possibilities for future cooperation.

Book Description :

The “ASEAN Way” is based on the principle of consensus; any individual member state effectively has a veto over any proposal with which it disagrees. Dividing ASEAN and Conquering the South China Sea analyzes how China uses its influence to divide ASEAN countries in order to prevent them from acting collectively to resolve their territorial disputes with China in the South China Sea. Using comparative case studies of China’s relations with Cambodia, the Philippines, and Myanmar, O’Neill argues that the regime type in the country with which China is interacting plays an important role in enhancing or constraining China’s ability to influence the governments of developing states within ASEAN and globally. Authoritarian institutions facilitate Chinese influence while democratic institutions inhibit that influence. O’Neill argues that as long as ASEAN includes developing, authoritarian regimes, and given that the United States and other global powers are unlikely to risk any serious conflict over each push of China’s maritime boundaries, little by little, China will assert its sovereignty over the South China Sea. Nevertheless, noting the long-term, global trend of states democratizing, he contends that if China chooses to engage in more sophisticated bilateral politics, such as providing incentives to a broader range of interest groups in democratic states, then China will have more success in projecting its power globally. “Professor O’Neill’s well-crafted and theoretically sound assessment of China successfully dividing ASEAN in pursuit of claims in the South China Sea also shows important variations in China’s regional influence dependent notably on the degree of authoritarianism and democracy in Southeast Asian governments.”—Robert Sutter, professor of practice of international affairs, George Washington University “There are plenty of books looking at various aspects of the South China Sea issue, but I am not aware of any that duplicates the approach of this book. It is a useful addition to our understanding, both of the specific issue and of the broader theoretical implications which it raises.”—Richard Rigby, professor and executive director, China Institute, the Australian National University

Book Description :

This book explores the opportunities and challenges that both Europe and Asia face under the framework of the 21st Century Maritime Silk Road Initiative. The 21st Century Maritime Silk Road Initiative (MSR Initiative), put forward by the Chinese government together with the Silk Road Economic Belt, reflects China’s ambition and vision to shape the global economic and political order. The first step and priority under the MSR Initiative, according to documents issued by China, is to build three ‘Blue Economic Passages’ linking China with the rest of the world at sea, two of which will connect China with Europe. This initiative, however, still faces enormous challenges of geopolitical suspicion and security risks. This book seeks to assess these risks and their causes for the cooperation between the Eurasian countries under the framework of MSR and puts forward suggestions to deal with these risks in the interdisciplinary perspectives of international relations and international law. Featuring a global team of contributors, this book will be of much interest to students of Asian politics, maritime security, international law and international relations.