Rethinking South China Sea Disputes

The proposed book draws on the on-going South China Sea dispute, and the multifaceted challenges wrought by the South China Sea issue that requires an inter-disciplinary perspective. It employs legal-analytical methods, to emphasize the nuances of the role and interpretation of international law and treaties by China in different periods, while taking into account policy and strategic concerns, which generally cast great sways in decision-making. The re-introduction of interdisciplinary concerns straddling law and history illustrates that the historical dimension, which has long been neglected, is an emerging concern that poses looming dangers that may unexpectedly radicalize the friction. Contributing to debunking the mystique wrought by confrontations between a historical and a law-dominated perspective, these perspectives are supported by a more nuanced analytical framework, featuring theoretical concerns with a tinge of practicality. The South China Sea Dispute aims to unveil a nuanced evolution of the issue with a confluence of inter-temporal law, policy and maritime practices in the South China Sea.

The proposed book draws on the on-going South China Sea dispute, and the multifaceted challenges wrought by the South China Sea issue that requires an inter-disciplinary perspective. It employs legal-analytical methods, to emphasize the nuances of the role and interpretation of international law and treaties by China in different periods, while taking into account policy and strategic concerns, which generally cast great sways in decision-making. The re-introduction of interdisciplinary concerns straddling law and history illustrates that the historical dimension, which has long been neglected, is an emerging concern that poses looming dangers that may unexpectedly radicalize the friction. Contributing to debunking the mystique wrought by confrontations between a historical and a law-dominated perspective, these perspectives are supported by a more nuanced analytical framework, featuring theoretical concerns with a tinge of practicality. The South China Sea Dispute aims to unveil a nuanced evolution of the issue with a confluence of inter-temporal law, policy and maritime practices in the South China Sea.

This edited volume rethinks the relationship between power and law in the age of China’s rise by examining recent developments in the South China Sea (SCS). The contributors explore different interpretations of international law on the legal status of the contested islands and rocks and provide detailed analyses of the contested concepts and provisions, the 2016 ruling by the SCS arbitration tribunal, as well as the environmental, economic, and political impacts of the ruling. This book facilitates a more meaningful and productive dialogue over the intersection, interaction, and interdependence between power and law in the context of the SCS. Assessing the interactions between political, legal, and normative forces, it provides insights into the specific dynamics of the dispute and the shifting security landscape in the region, but also offers a basis for thinking more deeply about the broader rise of China. This book will appeal to both students and scholars of IR, International Law, and Asian Studies and those engaged in research on the SCS disputes, the rise of China, and with a theoretical interest in law and power in international affairs.

"This edited volume rethinks the relationship between power and law in the age of China's rise by examining recent developments in the South China Sea (SCS). The contributors explore different interpretations of international law on the legal status of the contested islands and rocks and provide detailed analyses of the contested concepts and provisions, the 2016 ruling by the SCS arbitration tribunal, as well as the environmental, economic, political impacts of the ruling. This book facilitates a more meaningful and productive dialogue over the intersection, interaction and interdependence between power and law in the context of the SCS. Assessing the interactions between political, legal, and normative forces, it provides insights into the specific dynamics of the dispute and the shifting security landscape in the region, but also offers a basis for thinking more deeply about the broader rise of China"--

Since 1949 and the founding of the People's Republic, China has been involved in more than one territorial dispute with its neighbours. Currently the most unstable and dangerous dispute is the one over the Paracel and Spratly islands in the South China Sea. With their potentially rich and accessible petroleum resources, these islands have become the new arena of conflict for the 1970s and 1980s, China having already fought a war with South Vietnam over the Paracel Islands. This book, based on a wealth of primary materials in the Chinese language, is the first to make a thorough and overall investigation of China's policy towards these islands. It deals with the battle for the Paracels, the dispute with Vietnam, the disputes with the Philippines and Malaysia, and the relationship between the territorial disputes and China's maritime claims in the South China Sea.

Not only is the South China Sea of strategic importance; it is also rich in oil and other natural resources. As such, it is the subject of overlapping territorial disputes between several East and Southeast Asian countries as well as the scene of military tensions and potentially dangerous conflicts. But disputes over the South China Sea are much more complex than simply issues of military security. Environmental values, economic security and political developments are also involved. Spanning the full complexity of the situation, this volume: * covers its historical and legal background * analyses its environmental, economic, military and political dimensions * assesses the potential for containing and resolving disputes as well as transforming the structures of conflict in the region.

This book is a comprehensive political study of the South China Sea (SCS) disputes. With over US $5 trillion worth of trade passing through it every year and a history of military flashpoints, the SCS is invariably a hotbed of great power rivalry. This book: Traces the history of the disputes from the 19th century until recent developments; Examines recent arbitrations including the ruling on the case filed by the Philippines at the Permanent Court of Arbitration (PCA) at the Hague, the Netherlands; Studies these disputes in a theoretical framework, utilising international relations theories, particularly realism, liberalism and constructivism; Explores how the ASEAN states approach the SCS disputes, and analyses dispute settlement under international law. Drawing on extensive fieldwork and interviews with experts and those directly involved with the disputes, this book is indispensable for students and researchers of maritime studies, security studies, politics and international relations, geopolitics and Asian studies.

The South China Sea has long been regarded as one of the most complex and challenging ocean-related maritime disputes in East Asia. Recently it has become the locus of disputes that have the potential of escalating into serious international conflicts. Historical mistrust, enduring territorial disputes, and competing maritime claims have combined to weaken an at least partially successful regional security structure. Issues of concern include territorial sovereignty; disputed claims to islands, rocks, and reefs; jurisdiction over territorial waters, exclusive economic zones, and the seabed; regional and international rights to use the seas for military purposes; maritime security; rapid economic development; and environmental degradation. The fear is that increasing competition for energy and other resources will exacerbate conflicts and further fuel nationalism and sovereignty issues in the region. The SCS has an integrated ecosystem and is one of the richest seas in the world in terms of marine flora and fauna: coral reefs, mangroves, sea-grass beds, fish, and plants. National economic security can be easily affected by conflicts occurring in major international trade routes like the SCS, or how such an unclear situation might even give rise to environmental challenges in the future. The book creates an understanding as to why this region is important not only to the claimants but to global powers like the United States and India. The book examines current and potential conflicts in the South China Sea, and also evaluates how conflicts have been “managed” to date and suggests as to how they might be better managed in the future. This book concludes with recommendations for improving the situation in the region by ensuring a strong economic relationships, using high-resolution observation satellites, and undertaking joint development, and resource exploration etc.