Underwater cultural heritage and the disputed South China Sea

2020 ◽  
Vol 34 (3) ◽  
pp. 361-382 ◽  
Author(s):  
Hui Zhong
Keyword(s):  
South China Sea ◽  
Cultural Heritage ◽  
South China ◽  
Maritime Archaeology ◽  
Underwater Cultural Heritage ◽  
China Sea ◽  
The Face ◽  
Heritage Protection ◽  
Natural Result

Due to unsolved maritime delimitations, the protection of underwater cultural heritage (hereafter underwater heritage) in the South China Sea demands coordinated action by neighbouring states. However, the suspicion that China uses underwater heritage to justify its interests has tempered the general enthusiasm of its neighbours to cooperate in the issue of heritage protection. In the face of such concerns, this article examines the role of underwater heritage in China’s South China Sea claims, and it argues that underwater heritage provides little support to underpin China’s territorial or maritime claims. In addition, China’s initiatives in maritime archaeology have long been misinterpreted. Instead of being entirely driven by its South China Sea claims, China’s approach to underwater heritage is a natural result of its general policy on cultural heritage and nation-building philosophy.

Maritime Archaeology and Underwater Cultural Heritage in the Disputed South China Sea

2018 ◽  
Vol 25 (3) ◽  
pp. 375-401 ◽  
Author(s):  
Elena Perez-Alvaro ◽  
Craig Forrest
Keyword(s):  
South China Sea ◽  
United Nations ◽  
Cultural Heritage ◽  
South China ◽  
Maritime Archaeology ◽  
Law Of The Sea ◽  
Underwater Cultural Heritage ◽  
China Sea ◽  
Legal Position ◽  
United Nations Convention

Abstract:China’s broad geopolitical strategy and positioning for global influence includes its averred legal position in relation to its sovereignty and jurisdiction in the South China Sea. A response to this legal position was the Philippines’ initiation of arbitral proceedings constituted under the United Nations Convention on the Law of the Sea. Despite the non-participation of China in these proceedings, the arbitral decision of 2016 clarified a number of legal provisions pertinent to the ongoing territorial and maritime disputes in the South China Sea. This decision impacted directly on China’s assertion of sovereign and jurisdictional historical title or rights, which, in part, relies on evidence obtained from underwater cultural heritage and the associated maritime archaeology. This article critically evaluates China’s maritime archaeology program and its policy with respect to underwater cultural heritage in light of the 2016 arbitral decision and the underlying international law of the sea. While recognizing that China’s policy is not inconsistent with its broader heritage policy, and its national approach to the protection of underwater cultural heritage, this article argues that this cannot be used to support China’s South China Sea claims and is not only misplaced, such as to pose a risk to the archaeological record, but also inconstant with international developments in the form of the 2001 United Nations Convention of the Protection of the Underwater Cultural Heritage.

scholarly journals Peran dan Strategi Indonesia bersama ASEAN Dalam Upaya Meredakan Konflik Laut China Selatan [The Role and Strategy of Indonesia with ASEAN to Reduce Conflict in the South China Sea]

2016 ◽  
Vol 8 (16) ◽  
pp. 17
Author(s):  
Aditya Haryo Wahyudi
Keyword(s):  
South China Sea ◽  
South China ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
The Face ◽  
Working Together ◽  
Asean Countries ◽  
The Government

<p>The conflict in the South China Sea which took place from 1992 until July 2016 needs to be immediately resolved. The Government of Indonesia has seen many stakeholders strive to alleviate the conflict in a peaceful manner. ASEAN as a regional forum for countries in the region has recognized that Indonesia would need group support to confront China's increasingly unstoppable influence.</p><p>It can be seen that in the South China Sea conflict, Indonesia has played a part in the formation of Declaration of Conduct between ASEAN and China and has also established a trust building workshop with the participants. It is extremely important to note that efforts made by the Government of Indonesia in carrying out its role of leadership is absolutely necessary to building mutual trust among the ASEAN countries. Moreover, together with ASEAN, Indonesia will need to be able to continue working together in the face of pressure and influence coming from China.</p>

scholarly journals Defining eez Claims from Islands: A Potential South China Sea Change

2014 ◽  
Vol 29 (2) ◽  
pp. 193-243 ◽  
Author(s):  
Robert C. Beckman ◽  
Clive H. Schofield
Keyword(s):  
South China Sea ◽  
South China ◽  
The South China Sea ◽  
The South ◽  
Joint Development ◽  
China Sea ◽  
Maritime Boundary ◽  
The Face ◽  
Maritime Disputes ◽  
United Nations Convention

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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