UNCLOS and maritime security: the “securitisation” of the South China Sea disputes

Abstract

This Critical Comment seeks to situate the United Nations Convention on the Law of the Sea (UNCLOS) within the context of South China Sea (SCS) dispute. Bearing in mind that maritime actions of the main disputants – China, Vietnam, and the Philippines – increasingly “securitise” these long-standing disputes and vice versa, the study examines the concept of a maritime “regime complex.” Whereas efforts have being made to examine UNCLOS and indeed the dispute within the framework of a maritime “regime complex,” the key finding shows that the increased “securitisation” of the disputes makes it difficult to envisage effective engagement of UNCLOS as a resolution mechanism. It will also reveal that China's firmly established expansionist agenda in the SCS region is indicative of Beijing's susceptibility to compromise a diplomatic solution to these long-standing disputes. These discoveries are structured around the knowledge that the spatial relation of the SCS critically espouses not only its geo-strategic significance in terms of natural resources endowment, but also the enduring maritime disputes within the region.