The Quad in Relation to China and ASEAN: Geopolitical Irritant, Stabilizing Shock Absorber, or Springboard to the Future?

2021 ◽  
pp. 2150015
Author(s):  
Basil C. Bitas
Keyword(s):  
South China Sea ◽  
Collective Action ◽  
South China ◽  
Ad Hoc ◽  
Shock Absorber ◽  
Regional Stability ◽  
Modern Approach ◽  
The Future ◽  
Per Se ◽  
Territorial Claims

This paper traces the evolution of the Quadrilateral Security Dialogue (Quad) from its inception in an ad-hoc manner in 2004 to its current, more formal iteration, beginning in 2017. It asks whether the regional cross-currents, ranging from trade tensions to competing territorial claims in the South China Sea, will give the Quad scope to play a constructive stabilizing role or whether the grouping will simply exacerbate frictions. The interests of the Quad members, together with those of ASEAN and China, are highlighted in assessing the extent to which they can be reconciled or leveraged for the benefit of regional stability, security and development. The paper postulates a continuum running from the Quad as irritant to shock absorber or, ideally, springboard to the future and further explains how a broader mission for the Quad, focusing on (i) operational interests and flexible cooperation among like-minded states rather than (ii) “security” and formal membership per se, may be most consistent with the modern approach to balancing sovereignty and collective action and to advancing in real terms the needs and interests of the region.

Maritime Claims and Underwater Archaeology: When History Meets Politics

2021 ◽  
Vol 4 (1-2) ◽  
pp. 1-131
Author(s):  
Mariano J. Aznar
Keyword(s):  
South China Sea ◽  
Cultural Heritage ◽  
International Law ◽  
South China ◽  
Ethical Issues ◽  
Underwater Archaeology ◽  
Underwater Cultural Heritage ◽  
Archaeological Heritage ◽  
Territorial Claims ◽  
Legal And Ethical Issues

Abstract Among other circumstances relevant to maritime delimitations, some States have recently used the protection of underwater cultural heritage (UCH) as grounds for advancing jurisdictional or sovereignty claims over different maritime areas. After identifying the contours of current international law governing that heritage, this book critically addresses: first, the generally limited use of archaeological heritage in territorial claims; second, the broad acceptance by States of ‘archaeological maritime zones’ that overlap with declared contiguous zones; and, third, the (mis)use of UCH and underwater archaeology in three still disputed maritime claims, namely, Canada’s claim in Arctic waters, China’s in the South China Sea, and Russia’s in Crimea and its surrounding waters. Legal and ethical issues related to underwater archaeology are also discussed.

scholarly journals Naval Diplomacy: Upaya Defensif Indonesia dalam Konflik Laut Tiongkok Selatan di Era Joko Widodo

2019 ◽  
Vol 12 (2) ◽  
pp. 245
Author(s):  
Satwika Paramasatya ◽  
Wing Witjahyo Poespojoedho
Keyword(s):  
South China Sea ◽  
South China ◽  
Member Country ◽  
Active Role ◽  
The South China Sea ◽  
The South ◽  
Regional Stability ◽  
China Sea ◽  
Asean Member ◽  
Do So

The conflict involving many countries in the South China Sea has notended nor subsided. Regional tension and claims between countries areincreasing and Indonesia participates in this round of conflict. As theworld’s largest archipelagic country and an ASEAN member country thatupholds peace, security and regional stability, Indonesia then has to playan active role in the conflict. In order to do so, Indonesia is using navaldiplomacy as a way to achieve effective conflict resolution within theregion. Regarding the phenomenon, this study used the concept of seapower and naval diplomacy to explain measures that have been taken bythe Indonesian government under Joko Widodo’s presidency in resolvingthe conflicts involving its territories in the South China Sea. The author’sanalysis showed that Indonesia’s policies of using naval diplomacy in theSouth China Sea conflict have a positive and effective outcome in achievingconflict resolution and peace condition that has been confined by longtermobstacles and challenges.

Multilateralism and Divisions in ASEAN

2018 ◽  
pp. 24-44
Author(s):  
Daniel C. O'Neill
Keyword(s):  
Foreign Direct Investment ◽  
South China Sea ◽  
Collective Action ◽  
South China ◽  
Direct Investment ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Asean Member ◽  
Insight Into

This chapter introduces ASEAN and the “ASEAN Way” of taking actions based on consensus as well as both the theoretical and practical difficulties that presents for successful collective action by the members of the organization. Emphasizing the theoretical insights of Ruggie and other scholars concerning multilateralism as well as theories of collective action, the chapter provides insight into the factors that inhibit a common ASEAN response to the disputes in the South China Sea. The chapter further highlights the diversity among ASEAN member states, including geographic, cultural, political, and economic differences, as well as their own territorial disputes both in and outside of the South China Sea, that further inhibit collective action. Finally, the chapter provides data on China’s foreign direct investment (FDI) into the region, which, the book argues, provides China with increased influence over some ASEAN members.

Applicability of the Excess of Power Doctrine to the ICJ and Arbitral Tribunals

2018 ◽  
Vol 17 (1) ◽  
pp. 251-270
Author(s):  
Dai Tamada
Keyword(s):  
South China Sea ◽  
South China ◽  
Ad Hoc ◽  
Controversial Issues ◽  
Arbitral Tribunal ◽  
International Courts ◽  
Res Judicata ◽  
The Icj ◽  
Treaty Interpretation ◽  
The Difference

Abstract The problem with regard to the excess of power doctrine, one of the most controversial issues in the procedure of international courts and tribunals, was invoked in certain recent cases, such as the Bosnian Genocide case and the South China Sea case. To solve this problem, it is necessary to examine two relevant legal notions: the principle of competence-competence; and the principle of res judicata. First, the principle of competence-competence has been regarded as a relative power of arbitral tribunals in the sense that it is limited by the application of the rules of treaty interpretation. This means that there are possibilities, in the substantive sense, of an excess of power even when the principle of competence-competence is applied. Second, the international jurisprudence has shown that the force of res judicata can be excluded by a post-award agreement of the parties. Thus, it is possible, substantively and procedurally, to examine the possibility of an alleged excess of power having been committed by an arbitral tribunal and this understanding has been accepted by the ICJ in its jurisprudence. On the contrary, the ICJ has denied the possibility of an excess of power by itself, on the basis of the absolute power of competence-competence and the principle of res judicata. Here, several problems remain unsettled with regard to the difference between the possibility of an excess of power by ad hoc arbitral tribunals and the possibility of an excess of power by the ICJ.

Russian-Chinese naval collaboration has limits

2016 ◽  
Keyword(s):  
South China Sea ◽  
South China ◽  
The South China Sea ◽  
Regional Security ◽  
The South ◽  
Military Cooperation ◽  
Content Type ◽  
Foreign Partner ◽  
China Sea ◽  
Territorial Claims

Subject Russian-Chinese naval cooperation. Significance When Chinese and Russian naval vessels came together for joint exercises last month, international worries about the wargames' location in the South China Sea were heightened by the simulated capture of islands, given Beijing's broad territorial claims to waters in the region. Impacts While Moscow may sympathise with Beijing on the South China Sea dispute, it will avoid angering other states. Military cooperation reflects a shared anti-US stance but little commonality on regional security. China sees the Russian navy as its most important foreign partner.

China-Vietnam cooperation hinges on Chinese caution

2017 ◽  
Keyword(s):  
South China Sea ◽  
South China ◽  
The United States ◽  
The Philippines ◽  
Secretary General ◽  
Regional Stability ◽  
Content Type ◽  
China Sea ◽  
The Past ◽  
Party Secretary

Subject The outlook for China-Vietnam relations. Significance Vietnamese Communist Party Secretary General Nguyen Phu Trong’s visit to Beijing last month was a sign of significant, ongoing improvement in the contentious bilateral relationship over the past year. China and Vietnam are the two most likely belligerents in the South China Sea, having fought naval skirmishes in 1974 and 1988, so their relationship is vital to regional stability. However, unlike the Philippines’ abrupt tilt towards China under President Rodrigo Duterte, ties between Beijing and Hanoi have warmed gradually. Impacts Crisis management and confidence-building measures will advance as long as ties remain cordial, reducing the risk of future instability. Suppression of nationalist activism, particularly in Vietnam, will reduce the incentives for leaders to escalate or initiate crises. Vietnam will pursue substantive cooperation with China’s security rivals, notably India, Japan and the United States. Chinese South China Sea policy will be the most important factor affecting China-Vietnam ties.

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