Keyuan Zou

Shicun Wu

While there is abundant literature discussing non-traditional security issues, there is little mention of such issues existing in the South China Sea. This area is vulnerable to natural hazards and marine environmental degradation. The marine ecosystem is threatened by various adverse sources including land-based pollution, busy shipping lanes, and over-exploitation activities which threaten the security of the surrounding population. This area is also threatened by piracy and maritime crimes but law enforcement becomes difficult due to unclear maritime boundaries. This volume is designed to explore the security cooperation and regional approaches to these non-traditional security issues in the hope to build a peaceful environment and maintain international and regional security and order in the South China Sea region.

Shaping a New Framework for Cooperation

Non-Traditional Security Issues and the South China Sea

On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People’s Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea. The South China Sea Arbitration is a landmark case in international law because of the parties involved, the legal questions to be decided and the absence of one of the parties. As revealed in its official statements, the PRC will neither accept nor participate in this arbitration nor present written and oral arguments in the tribunal room. Such default of appearance makes applicable certain procedural rules. According to Article 9 of Annex VII, the Tribunal, before making its Award, is obligated to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well-founded in fact and law. Therefore, it is necessary for the Tribunal to look into all the claims brought forward by the Philippines and all the disputes constituted by the claims in the procedural phase. The possible arguments the PRC could make should be explored during this process. This book brings together chapters selected from well-established scholars in Asia, Europe and North America addressing the issues arising from the South China Sea Arbitration. It contains five easy to read parts: origin and development of the South China Sea dispute; the jurisdiction and admissibility of the case; international adjudication and dispute settlement; legal issues arising from the case such as the legal status of the U-shaped line and islands, rocks and low-tide elevations; and the Arbitration case and its impact on regional maritime security.

Philippines versus China

Arbitration Concerning the South China Sea

Yann-huei Song

Major law and policy issues in the South China Sea are discussed mainly from the perspectives of leading American and European scholars in the study of the complex South China Sea disputes. The issues include regional maritime cooperation and regime building, Southeast Asian countries’ responses to the Chinese assertiveness, China’s historic claims, maritime boundary delimitation and excessive maritime claims, military activities and the law of the sea, freedom of navigation and its impact on the problem, the dispute between Vietnam and China, confidence-building measures and U.S.-Taiwan-China relations in the South China Sea, and Taiwan’s role in the resolution to the South China Sea issues. Over the past three years, there have been several incidents in the South China Sea between the claimants, and also between the claimants and non-claimants over fisheries, collection of seismic data, exploration for oil and gas resources, and exercise of freedom of navigation. Third party concerns and involvement in the South China Sea disputes have been increasing as manifested in actions taken by the United States, India, and Japan. It is therefore important to examine South China Sea disputes from the legal and political perspective and from the view point of American and European experts who have been studying South China Sea issues for many years.

European and American Perspectives

Major Law and Policy Issues in the South China Sea

China's entry into the World Trade Organization (WTO) has had a tremendous impact on the development and reform of China's legal system. This book focuses on the developments of China's legal system as well as its reform in the context of globalization. It covers various topics, including constitutional changes, law-based administration, and more.

Towards the Rule of Law

China's Legal Reform

Michael Wood

David Anderson

Alan Boyle

Richard Barnes

Maria Gavouneli

Nilufer Oral

Malcolm Evans

Ronán Long

Jill Barrett

Professor of International Law Robin Churchill

Professor of International Law and Maritime Environmental Law Malgosia Fitzmaurice

Deputy General Counsel Advisory Services Legal Vice Presidency David Freestone

Douglas Guilfoyle

Lindsay Parson

Reader the Department of Law David Ong

Chichele Professor of Public International Law and Fellow Catherine Redgwell

The United Nations Convention on the Law of the Sea (UNCLOS) now has nearly 170 States parties and is still attracting new ones. Often described as the "Constitution of the Sea," it sets the legal framework for all matters concerning the world's oceans. This book provides original thinking on a broad range of issues relating to maritime delimitation, including: exploiting the outer continental shelf; emerging international energy issues at sea; the relationship between climate change and law of the sea; protecting human security and the marine environment; China's approach to UNCLOS; and the settlement of disputes for States and the European Union. The book analyzes the fundamental nature of UNCLOS and concludes that it may now be characterized as a "living treaty" due to its capacity to adapt to new realities. It goes on to assess just how alive UNCLOS is, in the sense of its quality of life or vitality, and how well-equipped it is to meet the challenges of the future. The contributors are leading specialists in the law of the sea. They include scholars of international law and geology, legal practitioners, government practitioners, and a former ITLOS judge. This book will be an important asset for all readers interested in contemporary developments in the law of the sea. *** (from the Foreword) "The papers in this volume [are] prepared by a very distinguished group of the most expert, and most perceptive, commentators on the contemporary law of the sea ...The insight that each of them brings to the peculiar strengths and weaknesses of UNCLOS as an expression of, and vehicle for, international co-operation and co-ordination makes this a volume of exceptional interest and importance." --Professor Vaughan Lowe QC [Subject: Maritime Law, Law of the Sea]

UNCLOS as a Living Treaty

Law of the Sea

This book focuses on contemporary maritime security in the South China Sea as well as its connected sea area, the Straits of Malacca and Singapore. It examines security issues concerning the safety of navigation, crackdown on transnational crimes including sea piracy and maritime terrorism, and conflict prevention and resolution. It also covers non-traditional security such as maritime environmental security, and search and rescue at sea.

Regional Implications and International Cooperation

Maritime Security in the South China Sea

Qiang Ye

This book explores the opportunities and challenges that both Europe and Asia face under the framework of the 21st Century Maritime Silk Road Initiative. The 21st Century Maritime Silk Road Initiative (MSR Initiative), put forward by the Chinese government together with the Silk Road Economic Belt, reflects China’s ambition and vision to shape the global economic and political order. The first step and priority under the MSR Initiative, according to documents issued by China, is to build three ‘Blue Economic Passages’ linking China with the rest of the world at sea, two of which will connect China with Europe. This initiative, however, still faces enormous challenges of geopolitical suspicion and security risks. This book seeks to assess these risks and their causes for the cooperation between the Eurasian countries under the framework of MSR and puts forward suggestions to deal with these risks in the interdisciplinary perspectives of international relations and international law. Featuring a global team of contributors, this book will be of much interest to students of Asian politics, maritime security, international law and international relations.

Challenges and Opportunities for Asia and Europe

The 21st Century Maritime Silk Road

Keyuan Zou

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