Analysis and Potential Alternatives for the Disputed South China Sea from Ocean Governance in the Polar Regions

Abstract

Sovereignty claims over insular features and maritime jurisdiction in the South China Sea have been disputed for decades, and a governance regime to address ocean-related issues is urgently needed. This article first introduces the notion of a regime, and examines details of cooperation mechanisms in the Polar Regions. Lessons that can be applied to the South China Sea include that both soft and hard law regimes work to bring States concerned together to cooperate on the “commons” issues even when military conflicts or sovereignty disputes still exist. Consensus among bordering States would be necessary to make the South China Sea a “zone of peace.” Mechanisms that accommodate the various sovereignty claims and freeze existing and new claims to, as well as to prohibit military activities in, the South China Sea are recommended. Lastly, if a cooperative mechanism were to be established in the future, the Arctic regime would be more applicable to the South China Sea than the Antarctic regime due to their geographic nature. Thus, only States bordering the South China Sea should have voting and decision-making rights in the cooperative mechanism. As always, the political will of all parties is paramount to the success of such an endeavor.