Associational Balance of Power and the Possibilities for International Law in the South China Sea

2017 ◽  
Vol 2 (1) ◽  
pp. 88-116
Author(s):  
Jeffrey McGee ◽  
Brendan Gogarty ◽  
Danielle Smith
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Balance Of Power ◽  
The United States ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Historical Figures

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.

Not between Scylla and Charybdis

2017 ◽  
Author(s):  
Zakaria Ahmad
Keyword(s):  
United States ◽  
Economic Growth ◽  
South China Sea ◽  
South China ◽  
Balance Of Power ◽  
The United States ◽  
The South China Sea ◽  
Strategic Partnerships ◽  
The South ◽  
China Sea

Malaysia’s relations with the United States and China are examined in the context of a changing balance of power scenario in Asia and Southeast Asia. China’s rise and U.S. “rebalancing” to the region as well as overlapping claims in the South China Sea are issues faced by Malaysia at the same time it is engaged in an era of increased trade and economic growth in the region. Malaysia’s posture and policy is to steer away from being embroiled in the Sino-U.S. rivalry, even as it continues to engage with both in “strategic partnerships.” As Malaysia is an ASEAN state of stature, with claims in the South China Sea, its position is to seek a peaceful solution with China and its ASEAN partners, and it will avoid any military conflagration.

Arguing International Law in the South China Sea Disputes: The Haiyang Shiyou 981 and uss Lassen Incidents and the Philippines v. China Arbitration

2016 ◽  
Vol 31 (2) ◽  
pp. 205-241 ◽  
Author(s):  
Alex G. Oude Elferink
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Drilling Rig ◽  
Legal Arguments

This article focuses on how international law is argued by the parties to the South China Sea disputes and in what context these legal arguments are presented. To this end, the article analyses three recent issues in the South China Sea: the incident involving the Haiyang Shiyou 981 drilling rig, which operated in a maritime area in dispute between Vietnam and China; the passage of the uss Lassen in the vicinity of Subi Reef, which is occupied by China; and the arbitration between the Philippines and China under the United Nations Convention on the Law of the Sea. The article concludes that looking at what legal arguments are or are not made and in what broader context those arguments are placed can contribute to a better understanding of the role of international law in the South China Sea disputes.

scholarly journals The Victory of Pluralism: The Role of International Law in The South China Sea Dispute

2017 ◽  
Vol 3 (1) ◽  
pp. 162
Author(s):  
Verdinand Robertua Siahaan
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Research Question ◽  
The Philippines ◽  
The South China Sea ◽  
English School ◽  
The South ◽  
China Sea

AbstractThis research discussed the role of Permanent Court of Arbitration’s decision on the dynamic of South China Sea dispute. Court’s decision in July 2016 to regulate South China Sea based on UNCLOS’s regulation has provoked China’s objection. This research question is on how to understand the role of international law in the South China Sea dispute using English School Theory. To answer the research question, this research is using English School Theory with its two pillars namely pluralism and solidarism. This research shows two findings. First, the PCA decision has been used by the Philippines to be momentum for transformation from solidarist mode of foreign policy to pluralist mode. Secondly, the pluralism pillar of English School is more relevant in analyzing the role of international law on South China Sea Dispute.Key words: English School, international law, Permanent Court of Arbitration, pluralism, solidarism, South China Sea AbstrakPenelitian ini membahas peran Permanent Court of Arbitration (PCA) di dalam resolusi konflik Laut Tiongkok Selatan (LTS). Keputusan PCA yang menggunakan UNCLOS sebagai tata kelola LTS memprovokasi kemarahan Tiongkok. Pertanyaan penelitian ini adalah bagaimana memahami peran hukum internasional dalam konflik Laut Tiongkok Selatan menggunakan teori English School. English School dengan kedua pilarnya pluralisme dan solidarisme menjadi pisau analisis utama untuk menjawab pertanyaan penelitian. Penelitian ini menghasilkan dua kesimpulan. Pertama, keputusan PCA digunakan sebagai Filipina sebagai momentum transformasi kebijakan luar negeri Filipina dari solidarisme menjadi pluralisme. Kedua, pilar pluralisme lebih relevan menjelaskan peran hukum internasional dalam sengketa Laut Tiongkok Selatan.Kata kunci: English School, hukum internasional, Laut Tiongkok Selatan, Permanent Court of Arbitration, pluralisme, solidarisme

scholarly journals The Victory of Pluralism: The Role of International Law in The South China Sea Dispute

2017 ◽  
Vol 3 (1) ◽  
pp. 170
Author(s):  
Verdinand Robertua Siahaan
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Research Question ◽  
The Philippines ◽  
The South China Sea ◽  
English School ◽  
The South ◽  
China Sea

AbstractThis research discussed the role of Permanent Court of Arbitration’s decision on the dynamic of South China Sea dispute. Court’s decision in July 2016 to regulate South China Sea based on UNCLOS’s regulation has provoked China’s objection. This research question is on how to understand the role of international law in the South China Sea dispute using English School Theory. To answer the research question, this research is using English School Theory with its two pillars namely pluralism and solidarism. This research shows two findings. First, the PCA decision has been used by the Philippines to be momentum for transformation from solidarist mode of foreign policy to pluralist mode. Secondly, the pluralism pillar of English School is more relevant in analyzing the role of international law on South China Sea Dispute with the addition of reconceptualization of legitimacy.Key words: English School, international law, Permanent Court of Arbitration, pluralism, solidarism, South China Sea

Study On The Situation Between France And The South China Sea From The Perspective Of Balance Of Power Theory

2021 ◽  
Author(s):  
Zhenyi Chen ◽  
Keyword(s):  
United States ◽  
South China Sea ◽  
South China ◽  
Balance Of Power ◽  
The United States ◽  
The South China Sea ◽  
Asian Countries ◽  
The South ◽  
Power Theory ◽  
China Sea

ABSTRACT With the rise of China and the escalation of tension between China and the United States, European countries led by Britain, France and Germany pay increasing attention to the regional situation in the Asia-Pacific (now known as "Indo-Pacific"). Among them, the South China Sea (SCS) is one of the main areas disputed by China, the United States, Southeast Asian countries and some European countries. Western countries are worried that the rise of China's military power will break the stability of the situation in SCS and alter the balance of power among major powers. Therefore, they tried to balance China's rise through alliance. In France's Indo-Pacific strategy, France aims to build a regional order with the alliance of France, India and Australia as the core, and regularly carry out military exercises targeting SCS with the United States, Japan and Southeast Asian countries. This paper aims to study the activities and motivation of France in the South China Sea, and put the situation in SCS under the perspective of Balance of Power Theory, focusing on China, America and France. It will be argued that great powers are carefully maintaining the balance of military power in SCS, and it is highly possible that this trend would still last in the middle and long term, particularly via military deployment and strategic alliances. KEYWORDS: South China Sea, France, China, Balance of Power theory, Indo-Pacific.

scholarly journals THE POTENTIAL ROLE OF CUSTOMS IN THE MANAGEMENT OF MARINE SECURITY IN THE SOUTH CHINA SEA CONFLICT

2020 ◽  
Vol 2 (2) ◽  
pp. 141-161
Author(s):  
Kukuh Setyo Pambudi ◽  
Erti Fadhilah Putri
Keyword(s):  
South China Sea ◽  
South China ◽  
Potential Role ◽  
The United States ◽  
The South China Sea ◽  
Maritime Security ◽  
The South ◽  
China Sea ◽  
Directorate General

This paper aims to provide an insight into the role that Customs can play concerning the possible conflicts in the South China Sea. The South China Sea (SCS) area is one of the places that has recently heated up with many countries fighting over claims. The conflict heats up when the two giant countries, namely China and the United States, take part in the conflict in this region and result in an increasingly heated tension. Indonesia, as one of the countries having interests in the South China Sea, where the Indonesian EEZ region is located, should be vigilant and prepare itself. Therefore, every component of Indonesia's national defence and security forces must be ready to avoid the worst possibility. One of the elements in maintaining sovereignty in the sea area is Customs. So that with the power and authority possessed by Directorate General of Customs and Excise (DGCE), it has the potential to become a reserve power and support Indonesia's maritime security. This paper is a presentation from a literature review process. This paper suggests the potential role of Customs concerning maritime security in the South China Sea region.

The Hegemony’s Contest in the South China Sea

SAGE Open ◽  
2021 ◽  
Vol 11 (3) ◽  
pp. 215824402110312
Author(s):  
Victor Alexandre G. Teixeira
Keyword(s):  
South China Sea ◽  
South China ◽  
Empirical Studies ◽  
Sudden Change ◽  
The United States ◽  
The South China Sea ◽  
Power Transition ◽  
The South ◽  
Economic Dynamic ◽  
China Sea

Constantly analyzed in scientific, theoretical, and empirical studies, the “ Asian Mediterranean” region has received renewed attention as a consequence of the rise of China. China’s emergence combines its strong economic dynamic with increased confidence, positioning it as a potential regional hegemony. On that conceptual basis, this study aims to answer whether a power transition has already occurred in the South China Sea and how the process of a regional hegemonic transition took place. Through an examination of the instruments used by the United States and China to exercise power, articulated with the power transition theory, it establishes that a transition in the South China Sea dispute could have already occurred. However, the study disclaims that Beijing’s evolution and sudden change of behavior aim to overthrow the U.S. global leadership but rather intends to reclaim its position of regional hegemony.

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