scholarly journals EAST ASIA: THE SYSTEMIC DISORDER AND THE SOUTH CHINA SEA DISPUTE. AN INTERNATIONAL LAW PROSPECT

2021 ◽  
pp. 66-83
Author(s):  
Victor Alexandre TEIXEIRA ◽  
Jose Francisco Lynce Zagallo PAVIA
Keyword(s):  
South China Sea ◽  
East Asia ◽  
International Law ◽  
South China ◽  
International System ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Systemic Disorder ◽  
Regional Order

"Abstract: This paper analyzes the South China Sea dispute when the international system lacks orientation and respect for the norms, values, and institutions. The conflict is conceptualized to encompass the States, International Law, and the East Asia order. The evidence demonstrates that ASEAN’s regional order is more efficient than the US-Led Liberal order through UNCLOS. Additionally, it is necessary to overhaul and strengthen the institutional mechanisms from international law regarding the United Nations. A change in the order and an international recognition are recommended to legitimize regional institutions to arbitrate territorial disputes. Keywords: ASEAN, regional order, conflict resolution, South China Sea Dispute."

REGIONAL SECURITY COMPLEX IN ASEAN: Neutrality and Centrality at Brink in the South China Sea Issue

2017 ◽  
Vol 7 (1) ◽  
pp. 43-54
Author(s):  
Arfin Sudirman
Keyword(s):  
South China Sea ◽  
East Asia ◽  
South China ◽  
International System ◽  
The South China Sea ◽  
Regional Security ◽  
South East Asia ◽  
The South ◽  
China Sea ◽  
East Asia Region

The South China Sea conflict has been a highly sensitive issue for the last 5 years in ASEAN. China and the US have been using the South China Sea as the New Cold War Arena of power and military hegemonic competition in the South East Asia region. This has been a major challenge for ASEAN as the only regional organization in the South East Asia region that has direct in the area must take major role in managing and resolving the dispute peacefully even though ASEAN has no defense pact like NATO. This paper argues that ASEAN, at this moment, must maintain its role as a mediator and independent-negotiator in the region but at the same time apply its principle of gradually adapting with the new international system. This article also suggests that in the future, ASEAN can take a major role in the governance of the South China Sea and the South East Asia region.

The South China Sea

Asian Survey ◽  
2015 ◽  
Vol 55 (3) ◽  
pp. 455-477 ◽  
Author(s):  
Stein Tønnesson
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Use Of Force ◽  
The South China Sea ◽  
Law Of The Sea ◽  
The South ◽  
Government Behavior ◽  
China Sea ◽  
The Law

The article looks at three ways in which international law has affected government behavior in the South China Sea. It has exacerbated disputes. It has probably curtailed the use of force. And it has made it difficult to imagine solutions that violate the law of the sea.

scholarly journals Monopole Mode of Precipitation in East Asia Modulated by the South China Sea Over the Last Four Centuries

2019 ◽  
Vol 46 (24) ◽  
pp. 14713-14722 ◽  
Author(s):  
Feng Shi ◽  
Hugues Goosse ◽  
François Klein ◽  
Sen Zhao ◽  
Ting Liu ◽  
...  
Keyword(s):  
South China Sea ◽  
East Asia ◽  
South China ◽  
The South China Sea ◽  
The South ◽  
China Sea

scholarly journals China’s Assertiveness in the South China Sea: Have ASEAN’s Endeavors in Establishing Regional Order Truly Failed?

2015 ◽  
Vol 8 (4) ◽  
pp. 178
Author(s):  
Bama Andika Putra
Keyword(s):  
Conflict Resolution ◽  
South China Sea ◽  
Conflict Management ◽  
South China ◽  
The South China Sea ◽  
Territorial Disputes ◽  
Font Size ◽  
The South ◽  
China Sea ◽  
Regional Order

<p class="MsoNormal" style="text-align: justify; text-justify: inter-ideograph;"><span style="font-size: 10.0pt; font-family: 'Times New Roman','serif'; mso-fareast-font-family: 宋体; mso-font-kerning: 1.0pt; mso-ansi-language: EN-US; mso-fareast-language: ZH-CN; mso-bidi-language: AR-SA;" lang="EN-US">The territorial disputes in the South China Sea have become the major flashpoints of both potential and existing conflicts in Asia. With claimant states from both China and member states of ASEAN, the aggressive military gestures of the claimant states have led to a myriad number of confrontations throughout the years. The inevitability of ASEAN being in the center of the disputes, have led many critics towards the regional organization on its capacity to establish any significant changes towards the dynamics of the South China Sea disputes. This research argues the opposite of the existing academic literatures, which views ASEAN as not an ideal actor in facing the fast paced dynamics of the South China Sea conflicts. It argues of ASEAN’s ability and capacity to persuade China into some forms of compromises into its policy, reflected through its defined position of a conflict management institution throughout the South China Sea crisis. The research thus argues how there is an existing misperception of ASEAN’s conflict management endeavors with the occurrence of China’s recent assertive gestures, ASEAN’s ability in instilling cooperative values and confidence building measures among conflicted states, and relevance of ASEAN’s multilateralism measures despite of China’s historical stance of bilateral means of conflict resolution in regards to the South China Sea conflict.</span></p><div id="_mcePaste" class="mcePaste" style="position: absolute; left: -10000px; top: 0px; width: 1px; height: 1px; overflow: hidden;"><!--EndFragment--></div>

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.

A Legal Analysis of China’s Historic Rights Claim in the South China Sea

2013 ◽  
Vol 107 (1) ◽  
pp. 124-141 ◽  
Author(s):  
Florian Dupuy ◽  
Pierre-Marie Dupuy
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
The South China Sea ◽  
Political Strategy ◽  
Legal Analysis ◽  
People's Republic Of China ◽  
The South ◽  
Republic Of China ◽  
China Sea

The recent turmoil created by the competing sovereignty claims of several countries over islands and waters in the South China Sea has caused the resurgence of the concept of “historic rights.” Although the term historic rights (sometimes confusingly used in this context in combination with other germane notions, such as historic waters and historic title) has often been imbued with a certain degree of confusion and controversy in international law, it seems bound to play an important part inthe arguments brought by states claiming sovereignty in this region and, in particular, by the People’s Republic of China (China). The vagueness of the legal terminology used by China raises the issue of whether that very vagueness is being used as an element of political strategy.

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