Ocean Governance, Regimes, and the South China Sea Issues


Book Description

​This book uses Chinese version of dialectics to present interpretations of ocean governance, international regimes, issues in the South China Sea in general and the Chinese U-shaped line in particular, through the one-dot theory. It especially serves as a tool for non-Chinese researchers and experts interested in analyzing international relations issues from a Chinese perspective. The dialectical one-dot theory, which is a superior model to the dialectical Yin and Yang or the dialectical crab and frog motion model, provides research and findings that more closely mirror reality than do other, non-dialectical approaches and research methods. Further, it can be applied to both the natural and social sciences. The book is divided into three parts — Methodology, Case Studies Related to International Regimes and Non-“International Regimes,” and Issues Related to the U-shaped Line in the South China Sea — with each chapter structured in terms of the one-dot theory. In addition to researchers and experts involved in marine and maritime affairs, this book will also appeal to all readers interested in Chinese Philosophy, International Relations, and Strategic Culture.




UNCLOS and Ocean Dispute Settlement


Book Description

The United Nations Convention on the Law of the Sea (UNCLOS) offers a legal framework for the sustainable development of the oceans and their natural resources. However, recently there have been calls to amend the Convention due to some ambiguous provisions which are unable to address a variety of contemporary maritime issues. This book evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. The book’s central focus is on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book examines the ways in which an emphasis on sovereignty, threats to maritime security and overlapping maritime claims caused by the newly established maritime regimes authorized by UNCLOS are all contributing factors to the SCS dispute. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at participation in the UNCLOS negotiations, maritime legislation, and the dispute settlement practice of relevant States party to the SCS dispute. The author goes on to explore the relationship between UNCLOS and the regimes and institutions in the SCS, particularly in regard to issues of maritime security, marine environment protection, joint development of oil and gas and general political interaction. The author proposes practical mechanisms to resolve the dispute whilst also offering a final judgement on the effectiveness of UNCLOS for settling disputes. UNCLOS and Ocean Dispute Settlement will be of particular interest to academics, students and policy makers of international, shipping and maritime law as well as being of interest to academics and students in the field of international relations.




China's Policy towards the South China Sea


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.




Recent Developments in the South China Sea Dispute


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.




Ocean Governance and Conflict in the East and South China Sea


Book Description

This book tells the story of the negotiations between China, Japan, Taiwan, the Philippines, Vietnam and other Southeast Asian countries about the East and South China Sea disputes. Tapping into formerly classified and newly made available primary sources, the book meticulously tracks these negotiations and their sudden U-turns. It is a story about the promises and perils of cooperation. It is - as much about pragmatic, gradual and surprisingly resilient approaches to conflict resolution and ocean governance as it is about the expansion of states' bargaining power through institutions. The book hinges on the question of when and why disputing parties reach agreement on joint oil and gas development, fisheries and codes of conduct, and when and why negotiations end in impasse. It is the first comprehensive and theoretically informed study of decades-long dispute settlement efforts in a central region of the Indo-Pacific where the expansion of China challenges the law of the sea and regional security.




Maritime Regime Building


Book Description

The past few decades have witnessed the emergence of a vast array of regional arrangements and institutions dealing with all aspects of ocean management. The level of cooperation ranges from minimal dispute avoidance to relatively comprehensive ocean governance at the regional level. As concrete examples, reasonably successful and comprehensive regional regimes have been created for the Baltic, the North, and the Mediterranean Seas and the South Pacific. And attempts at regional regime building are ongoing in Southeast Asia, the South China Sea and the Indian Ocean. Although there are broad similarities between the semi-enclosed seas of Western Europe and Northeast Asia, no regional maritime regime has yet been initiated in Northeast Asia. The papers in this volume are authored by leading authorities on not only the maritime affairs of their particular region of focus but on maritime policy in general. They describe and explain existing or incipient regional maritime regimes in an unusually broad comparative context, and extract lessons learned that may be applicable elsewhere including Northeast Asia. The case studies are neatly sandwiched between an introduction to concepts and principles on regional co-operation and concluding chapters on lessons learned and their applicability to Northeast Asia. Moreover, the papers raise and address several questions of relevance to policy. For example, what factors are conducive to maritime regime initiation, expansion and positive evolution, and which constrain regime formation and evolution? Why has maritime regime building been successful in Europe and largely unsuccessful in Asia? And which, if any, lessons learned in the European context areapplicable in Asia? Given the growing interest in regime formation and effectiveness in general and maritime regimes in particular, this book will be of considerable interest to both analysts and policymakers.




Major Law and Policy Issues in the South China Sea


Book Description

Major law and policy issues in the South China Sea are discussed mainly from the perspectives of leading American and European scholars in the study of the complex South China Sea disputes. The issues include regional maritime cooperation and regime building, Southeast Asian countries’ responses to the Chinese assertiveness, China’s historic claims, maritime boundary delimitation and excessive maritime claims, military activities and the law of the sea, freedom of navigation and its impact on the problem, the dispute between Vietnam and China, confidence-building measures and U.S.-Taiwan-China relations in the South China Sea, and Taiwan’s role in the resolution to the South China Sea issues. Over the past three years, there have been several incidents in the South China Sea between the claimants, and also between the claimants and non-claimants over fisheries, collection of seismic data, exploration for oil and gas resources, and exercise of freedom of navigation. Third party concerns and involvement in the South China Sea disputes have been increasing as manifested in actions taken by the United States, India, and Japan. It is therefore important to examine South China Sea disputes from the legal and political perspective and from the view point of American and European experts who have been studying South China Sea issues for many years.




Security and International Politics in the South China Sea


Book Description

The South China Sea has long been regarded as a major source of tension in East Asia. This book examines international politics and security in the South China Sea, exploring the history of the disputes, attempts to resolve them, and new security threats including piracy, terrorism, resource and environmental management.




Routledge Handbook of the South China Sea


Book Description

The Routledge Handbook of the South China Sea presents a comprehensive and in-depth analysis of South China Sea issues. It evaluates the dynamics of the latest developments and identifies factors that contribute to dispute settlement and a cooperative management regime of one of the most important seas in the world – one which not only contains rich marine resources and distinctive biodiversity but is also a critical sea route for global trade and communications. The Handbook is divided into six parts, each representing a focused area of enquiry: • History and geostrategic landscape • Sovereignty and maritime entitlements • South China Sea policies of major claimants • Natural resources and environment • Cooperation and institutions • Challenges and prospects Written by world-renowned experts and scholars, with specialisms from geography to international law, the volume’s 25 chapters contribute interdisciplinary perspectives, reflecting the impact of how South China Sea policies are shaped by national governments and international organizations. As such, the Handbook provides an authoritative reference to South China Sea Studies, useful for students and scholars of international relations, history, maritime and Asian studies.




Maritime Issues in the South China Sea


Book Description

South China Sea (SCS) issues are complex and dynamic, ranging from historic claims to present day military occupation, from military security to regional stability, from rhetorical appeasements to national interests, from intraregional competition to extraregional involvement. The submissions made in 2009 by several Southeast Asian states to the United Nations Commission on the Limits of the Continental Shelf (CLCS) respecting outer limits of extended continental shelves beyond 200 nautical miles in the South China Sea resulted in renewed attention to the maritime disputes over the insular features and the waters of the South China Sea among several claimant States. Questions have resurfaced about the future of cooperation in the region. Furthermore, the improvement of cross-Strait relations between Taiwan and China after 2008 has added a new element to the evolution of South China Sea issues. This book describes these recent developments in depth and provides an examination of possible future developments in the South China Sea. The articles in this book were originally published as special sections in Ocean Development & International Law.