The South China Sea Arbitration between the Republic of the Philippines and the People’s Republic of China

2020 ◽  
Keyword(s):  
South China Sea ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
Republic Of China ◽  
China Sea ◽  
The People ◽  
The Republic

An International Law Perspective on Insular Features (Islands) and Low-tide Elevations in the South China Sea

2017 ◽  
Vol 32 (2) ◽  
pp. 298-315 ◽  
Author(s):  
Ted L McDorman
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
Law Of The Sea ◽  
The South ◽  
Republic Of China ◽  
China Sea ◽  
The Law

The numerous insular features (islands/rocks) and low-tide elevations (reefs, shoals, etc.) within the South China Sea have long been the centre of attention and dispute involving Brunei, China (the People’s Republic of China and the Republic of China (Taiwan)), Malaysia, the Philippines, and Vietnam. This contribution focuses on said maritime features from the perspective of the law of the sea. A general overview is provided of the international legal rules that apply to islands, rocks and low-tide elevations with reference to the United Nations Convention on the Law of the Sea, customary international law and international adjudications. The article then examines what the littoral states have said and done respecting the insular features in the South China Sea and offers some reflections in the context of the Philippine-China arbitration.

On the History of Formation of Modern Taiwan Stance on the Rights to Maritime Features and Area in the South China Sea

2021 ◽  
pp. 38
Author(s):  
Andrei D. Dikarev
Keyword(s):  
South China Sea ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
Theory And Practice ◽  
The South ◽  
China Sea ◽  
History Of ◽  
The Republic ◽  
History Of Formation

The article highlights the history of formation of the official Taiwanese discourse on the problems of territorial affiliation and legal claims to the islands in the South China Sea. Two leading political parties of Taiwan (Guomindang and DPP) have substantial differences in their approach to the sovereignty on the features in SCS and “historical rights” to the sea. Details are given about reasons for emergence and disappearance of the concept of "historical waters" in the Taiwanese law, which allegedly should have been subject to the jurisdiction of the Republic of China. Taiwan's activities on the two features in the SCS aimed at demonstrating their "effective occupation" are highlighted. Official stance of different administrations and its changes are considered in detail. While sharing the same approach to the status of Taiping island, Guomindang and DPP disagree on affiliation of all other land features in the SCS. When considering the interpretation of the notorious "U-shaped line" by Taiwanese politicians, a conclusion is made about the actual proximity of the foreign policy stances of the PRC and the Guomindang, which are based on the idea of the common Chinese identity, revealed by significant part of the Taiwan inhabitants. As for the approach of DPP to the problem of SCS, the determining factor here is the Taiwanese identity of its supporters. This further complicates the situation: the DPP, on the one hand, proclaims sovereignty over all SCS facilities to demonstrate unity with PRC on the issue of China's territorial integrity, on the other hand — pragmatically recognizes the impossibility of actual exercising its nominal sovereignty over the disputed territories. Thus an obvious contradiction between theory and practice in the Taiwanese policy is revealed. The nuances of Taiwanese attitude to the award of the Hague Tribunal on the Philippines vs China case are elucidated. The reasons of the tribunal’s refusal to provide status of island to the biggest feature in Nansha group are determined.

South China Sea

2017 ◽  
Vol 2 (1) ◽  
pp. 9-24 ◽  
Author(s):  
Hui Zhong ◽  
Michael White
Keyword(s):  
South China Sea ◽  
South China ◽  
Oil And Gas ◽  
Negative Impact ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Global Commerce ◽  
The Republic

The South China Sea is a maritime space where States have overlapping claims and unsettled maritime boundaries. While driven by territorial competition for ownership of some of the islands, the core contradictions are more related to freedom of navigation. This sea is one of the world’s most important shipping, trade and energy routes, a rich potential source of sub-sea oil and gas and a major fisheries area. The Republic of the Philippines v The People’s Republic of China Arbitral Tribunal Decision of 12 July 2016 1 (the arbitral ruling) under the United Nations Convention for the Law of the Sea 1982 heightened the tensions in the area but they had previously been long standing and it merely escalated the concern that the tensions would impede or even halt regional and global commerce. This article focuses on the importance of the South China Sea and argues that if the South China Sea issue is not handled properly, it would be damaging to the exporting and the importing countries in this region in particular and worldwide trade in general. There has already been a negative impact on economic cooperation and the long term development in Southeast Asia and further tensions could be highly damaging for all of the countries concerned.

China and the South China Sea “Lawfare”

2016 ◽  
Vol 52 (02) ◽  
pp. 1650008 ◽  
Author(s):  
ANNE HSIU-AN HSIAO
Keyword(s):  
South China Sea ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
Republic Of China ◽  
China Sea ◽  
Strategic Role ◽  
Dual Images ◽  
The One

The strategic values of the South China Sea had long been recognized. More recently, the South China Sea has once again become an international flashpoint, as disputes take place in the context of a rising and perceived more assertive People’s Republic of China (China) vis-à-vis a relatively declining US that seeks to retain its influence and interests in East Asia. This paper tries to illustrate the growing strategic role of international law in the geopolitics of the South China Sea at play — a subject matter that has so far been less explored — and to assess how the intensified legal maneuvers, or “lawfare” between China on the one hand, and other South China Sea claimants as well as the US on the other, reflect China’s attitude toward the South China Sea dispute and may impact upon the peace and security in the region. It concludes that the “lawfare” since 2009, especially the South China Sea arbitration proceedings initiated by the Philippines, may have not only increased the uncertainties of China’s behavior and China–US relations, but also made the situations in both East and South China seas more complicated. Moreover, China’s responses in the “lawfare” also suggest that China has become more “rule-of-law oriented” as well as hegemonic. The dual images of China raise some uncertainty as to how the South China Sea disputes might eventually be resolved.

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