South China Sea Dispute Research Articles

The Diplomacy of Quasi State in Territorial Disputes: Taiwan in the South China Sea

This paper aims to examine the diplomacy of quasi state in territorial dispute using the case of Taiwan in the South China Sea. The discussion on quasi state is not mainstream in International Relations, and thus its concept and theories are not well developed. With the rise of globalization, however, quasi states have more active presence, many involve in conflicts which resolutions require understanding on quasi state, including the South China Sea Disputes. This paper argues that quasi state suffers from legal and political weaknesses and consequently the diplomacy of quasi state could be examined using theories on the diplomacy of weak states which include multitrack diplomacy to deal with its legal weaknesses and hedging to deal with its political weaknesses. This paper suggests that the diplomacy of Taiwan in the South China Disputes also follows this pattern.

Investigating the Evaluative Language in Philippine and Chinese News Reports on the South China Sea Disputes

This study examined a cross-cultural perspective on how the top popular press in the Philippines and China portray an evaluative stance as regards the current South China Sea tensions. It set out to reveal the news writers’ positions through examining Martin and White’s (2005) appraisal framework particularly the attitude category. The analysis of the media reports from the two countries culled from a three-year period (January 2013-December 2016) focused on how the news writers construed their attitudinal judgment and positions. Findings reveal that the high occurrences of appreciation resources in both corpora provide subtle or indirect expressions of behavioral judgment in the course of journalistic writing where conventions relating to objectivity are necessary. Even if dominated by appreciation evaluative language that construes value of phenomenon relating to aspects of the disputes, affect (manifesting emotions) and judgment (relating to behavior) evaluative resources are employed to reflect or represent the socio-cultural and political contexts, government policy and even capture the local sentiment in which the news reports are written. As regards the difference between the two, the Chinese news reports lean towards a more diplomatic stance through the noteworthy use of evaluative affect and appreciation resources that underscore enhancement of relationship, partnership and accord while the Philippine news reports are more inclined to express implied negative subjective attitudinal stance on the issue. This paper set out the significance of language in framing positions, sentiments, opinions and policies in which meanings are construed in news reports. Examining media discourse from the lens of the appraisal system or evaluative language underscores how subjectivity occurs where beliefs, notions and values in a society are generated.

Perubahan Perilaku Politik Luar Negeri Tiongkok terhadap Isu Laut Tiongkok Selatan

This article aims to explore China's foreign policy changes on the South China Sea dispute (SCS) since China has been willing to participate in regional or multilateral forums to date. This article argues that although the main characters and narratives of China’s foreign policy tend to be consistent, Chinese foreign policy behavior is changing. This study is a qualitative research that using non-numerical data sources, both primary and secondary. China's foreign policy behavior on the issue of SCS is divided into four phases. First, the passive and defensive phases. China still suspects that multilateral forums are a way of suppressing Chinese interests. Second, active phase. In this phase, China begins to believe in itself as a big and powerful country so as not to worry that multilateral forums will threaten its national security. Third, the initiative phase. China goes a step further by initiating some important multilateral initiative and multilateral breakthroughs in the long term project. Fourth, assertive phase. In this phase, China is involved in several incidents, consistent with their interests, while trying to refrain from initiating an open war. Through the change of foreign policy, China has adapted itself to contemporary international politics and has maintained its national interest in SCS.

Natural Resources as the Main Driver of Maritime Territorial Disputes in the Case of South China Sea Dispute - Case Studies on Scarborough Shoal and Spratly Islands

Natural Resources as the Main Driver of Maritime Territorial Disputes in the Case of South China Sea Dispute - Case Studies on Scarborough Shoal and Spratly Islands

Does the rise of China present a threat to the interests of the United States?

The rise of China can be perceived either as a threat or as an opportunity to and for the US, mostly depending on US grand foreign policy interests and its related strategies. If the US feels comfortable living in a multipolar world in which it is considered to be an equal among the major powers, China is more likely to be perceived as a partner. However, if the goal of US foreign policy is to strengthen its position as the sole superpower or even as a hyper-power, and does not choose to recognise other major countries, then the rise of China will be perceived as a threat. Based on this underlying assumption, this article seeks to examine the exact interests of the US: Is it threatened by the rise of China or is it not? This article starts by explaining the grand theories and relating it to the research question. The next explanation examines the economic ties between the two countries. The final consideration is the possibility of military conflict given several recent occurrences, such as the Taiwan and South China Sea (SCS) dispute. This article concludes that the rise of China will threaten the interests of the US. However, it will not necessarily lead to war between them.

The dilemmas of regional states: How Southeast Asian states view and respond to India–China maritime competition

ABSTRACTThis article examines contemporary perceptions and the corresponding responses of Southeast Asian states vis-à-vis India–China maritime competition. Specifically, it examines the cases of Singapore, Vietnam, and the Philippines. These countries provide useful cross-comparisons as, bilaterally, all three states relate uniquely to China and the maritime disputes in the South China Sea on the basis of two structural conditions – their formal security relationship with the US and whether they are a claimant state in the South China Sea dispute. The link between the range afforded by these three cases and the manner in which it drives their perceptions towards India–China maritime competition forms the core of this article. These three countries perceive differing levels of threat from China and have chosen a range of external balancing strategies to deal with these perceived threats. The nature of US–China and India–China security competition, the latter specifically in the maritime realm, structures the external balancing strategies they have pursued. There are, this article argues, important links between US–China and India–China strategic competition in structuring the external balancing strategies these countries pursue.

Pelaksanaan Putusan Arbitrase Internasional terhadap Penetapan Kepemilikan Pulau Scarborough Shoal di Laut Cina Selatan

The South China Sea dispute on the Scarborough Shoal Island, basically caused by the claims of the Chinese nation over the region. The Philippines formally submit the case to Permanent Court of Arbitration (PCA), The Tribunal’s decision in favor of the Philippines and China neither accepting in these decision. The Tribunal’s decision inflicting several legal consequences for China and Philippines. The method used is a normative juridical method and using United Nations Convention on the law of the Sea (UNCLOS) 1982. The Tribunal’s decision is not executed can be a means of pressure for China to be more flexible and accepting in these decisions. In the manner of China neither accepting The Tribunal’s decision, The Philippines could bring the case to the International Tribunal for the law of the Sea (ITLOS) which is an independent judicial International Law of the Sea. Their decision will be final and binding on the parties to the dispute and obliged to obey in these decisions so that the dispute can be resolved peacefully and not inflicting a negative impact on China and Philippines.

Strategic Selection: Philippine Arbitration in the South China Sea Dispute

ABSTRACT East Asian states infrequently seek peaceful dispute resolution through binding methods of international law. What is puzzling is why states seek one particular dispute resolution method or another, and in the specific case of the Philippines, why the government chose to pursue arbitration against China regarding the maritime boundaries of the disputed Spratly Islands, knowing that China would not agree to participate. In this article, we theorize that the Philippine government chose to pursue arbitration against China for three strategic reasons: 1) to counterbalance China’s military actions in the South China Sea, 2) because of the strong benefits to the state resulting from using arbitration, and 3) the probability of winning the case using arbitration was perceived by the Philippines as strong. To test our hypotheses, we use interviews and process tracing, through which we find evidence for our suppositions, primarily the last hypothesis.

THE LEGAL CONSEQUENCES OF CHINA’S OBJECTION AGAINST PCA’S AWARDS ON INTERNATIONAL LAW

<p>South China Sea (SCS) dispute has been running for so long. The claimant states keeps endeavoring various resolutions to settle that dispute, either through reconcilement by their own choice or under several compulsory procedures provided by UNCLOS 1982 (Convention). Considering the content of UNCLOS 1982, one of the claimant states, Philippines, brought the dispute to PCA unilaterally against China which objected the jurisdiction along with its final award through official government statements and verbal notes. China was found violating International Law based on the principle of Pacta Sunt Servanda. Nine Dash Lines claimed based on Historic Rights are still retained by China. The procedures should lead to a permanent resolution by International Community to avoid any possible armed conflicts, including the likelihood that Historic Rights turned into Customary International Law.</p>

The Legal Consequences of China’s Objection Against Permanent Court of Arbitration’s Awards on International Law

South China Sea (SCS) dispute has been running for so long. The claimant states keeps endeavoring various resolutions to settle that dispute, either through reconcilement by their own choice or under several compulsory procedures provided by UNCLOS 1982 (Convention). Considering the content of UNCLOS 1982, one of the claimant states, Philippines, brought the dispute to PCA unilaterally against China which objected the jurisdiction along with its final award through official government statements and verbal notes. China was found violating International Law based on the principle of Pacta Sunt Servanda. Nine Dash Lines claimed based on Historic Rights are still retained by China. The procedures should lead to a permanent resolution by International Community to avoid any possible armed conflicts, including the likelihood that Historic Rights turned into Customary International Law.

Analysis of the International Horizontal Judicial System’s Intervention in Sovereign Disputes: ratios without spine

Arohi Kashyap analyses the level of implementation and intervention of the International Horizontal Judicial System in sovereign disputes, referring in particular to the International Court of Justice and the Permanent Court of Arbitration. The paper considers the binding and horizontal nature of the International Judicial System, with detailed reference to three important international sovereign dispute cases, i.e. Nicaragua v. USA, Cambodia v. Thailand (Temple of Preah Vihear case) and the South China Sea Dispute. The author argues that the judicial bodies in international law give judgments and awards without any legal force or backing for implementation making the judgments no more than strict guidelines. The paper highlights the importance of an enforceable International Judicial System in sovereign disputes and suggests that the present system cannot fulfil this requirement.

Assessing Indonesia’s Leadership in the Advancement of ASEAN Political-Security Community under President Joko Widodo

<p>This paper aims to examine Indonesia’s leadership in ASEAN as the regional organization advances its community building in areas of political-security. Indonesia, the largest state in Southeast Asia both from geographic and economic size, is known for its <em>de facto</em> leadership within the regional integration process of ASEAN. Such integration is mostly prominent in areas of multilateral engagement, conflict management, and democracy as well as human rights promotion. With President Joko Widodo at the helm of Indonesia’s presidency since October 2014, Indonesia has reoriented its foreign policy cornerstone on ASEAN into other channels that best serve its national interest. As Indonesia repositions its focus from ASEAN, there is a need to evaluate whether the trajectory of ASEAN Political-Security Community will continue to thrive under the consensual decision-making process among its ten member states known as ASEAN way.</p><p> </p><p>To evaluate Indonesia’s leadership in the advancement of ASEAN Political-Security Community under President Joko Widodo, the paper will review Indonesia’s initiatives to ASEAN and how they contribute towards Southeast Asia’s regionalism. Subsequently, three areas of Indonesia’s leadership in ASEAN Political-Security Community building will be examined: the maintenance of ASEAN Centrality, South China Sea dispute management, and promotion of democracy and human rights. The paper concludes that ASEAN way works not only when ASEAN member states find a common ground on regional issues that affect their respective domestic politics. A presence of informal and voluntary leadership where “matured” member states bring about initiative and persuasion is needed to maintain ASEAN’s strategic relevance in Asia-Pacific. For this reason, Indonesia’s legitimacy as an informal leader in ASEAN plays an important role to ensure that the organization remain united and central to its member states.</p><p><strong>Keywords</strong>: ASEAN Political-Security Community, Indonesian Foreign Policy, Regional Leadership</p><p> </p>

Duterte’s Pivot to China, and Prospects for Settling the South China Sea Disputes

Abstract This article proposes a theoretical framework for understanding Filipino president Rodrigo Duterte’s celebrated ‘pivot to China.’ It begins by discussing the model of asymmetric relations as a suitable framework for understanding relations between highly unequal states, and the concept of dual structural asymmetry as a means of theorising the triangular relations among the Philippines, the USA and China since the end of the Cold War. Next, it presents various economic and political indicators of the shift in Filipino foreign policy under Duterte. It goes on to propose a theoretical model for identifying the linkages between elements of political economy and international security from the perspective of Brantly Womack’s theory of asymmetry. Lastly, it presents three scenarios for resolving the territorial dispute in the South China Sea (SCS) between the Philippines and China: two with maximum gains for one country only, and a third with an acceptable result for both countries as a product of mutual concessions.

Assessing China’s Practice of Peaceful Development and Peaceful Coexistence: China’s Behaviours towards the South China Sea Dispute

China has long been known for its adherence to cultural and philosophical value in its foreign policy which becomes a guideline to pursue its interest in international relations. However, as China is rising both in economic and military power, it has a challenge with various international issues including territorial disputes with some countries. One of territorial dispute which is vital in China’s national interest is the South China Sea dispute because this area is rich with gas and oil reserves to support China’s industries. Examining China’s policy in the South China Sea is essential as this maritime dispute becomes Beijing’s core interest in recent decades and becomes a source of sovereignty and economic contestation. This study aims to assess whether China is consistent with its foreign policy guideline, peaceful coexistence and peaceful development, in its policy towards the South China Sea dispute. The structure of this paper is as follows. It will begin by briefly explaining the peaceful approach in China’s foreign policy then it will highlight China’s foreign policy in the South China Sea as a study case. Finally, it will examine whether China’s foreign policy contradicts with peaceful coexistence and peaceful development principles in the South China Sea. This study found that the objective of China’s foreign policy guideline is it would never become a threat to others even if it is getting stronger. Meanwhile, China’s behaviors in the South China Sea threaten other states, so there is an inconsistency with peaceful coexistence and peaceful development principles.

China's Rise, Developmental Regionalism and East Asian Community Building: Cooperation Amid Disputes in the South China Sea

Why the rapid rise of China coincides with peace and cooperation in East Asia? The paper argues for a distinctive form of regionalism practiced in East Asia, which can be called developmental regionalism. It means that regional processes are development-oriented and development-focused, featuring pragmatism, flexibility and developmental security. In development-oriented regionalization, practices and institutions coevolve for progress. Practices of developmental regionalism nurture the habit of cooperation and promote community building. As the growth engine in the region, China facilitates developmental regionalism. The paper takes the South China Sea disputes in the past few years as a case to illustrate how conflicts were averted and cooperation maintained and deepened between China and ASEAN and in East Asia even in a most sensitive area of territorial disputes and in the context of the dramatic change in regional power structure with China’s rapid rise. In conclusion, the paper also briefly discusses conditions and implications of developmental regionalism in world politics.

China on Stage: Assumptions and Strategies in South China Sea

This study attempts to better understand the geopolitical, geostrategic, and geo-economic underpinnings behind the USA’s so-called “Pivot to Asia” by analyzing the dynamics behind the South China Sea dispute. The emergence of Asia as the power epicenter of the world is the defining paradigm shift of our time; and China’s meteoric economic rise was the determining factor behind this repositioning of geopolitical polarity. The study analyzes this dispute from the perspectives of the Containment Theory, Assumptions, Geo-Economic Strategies and Power. It also points out solutions to the conflict through international law and cooperation. Finally, emphasizes the importance of both, the geostrategic point of view and a geopolitical standpoint and has demonstrated that the US policy strategies towards Asia and the SCS are not helpful at all. Instead of focusing on containing China, the US should embrace China as a trading partner and become a neutral player in matters of the region including South China Sea.

Beyond Paradigms

Why did claimant states in the South China Sea (SCS) dispute, especially China, recently increase its militarization activities, in unprecedented ways that were relatively absent in the previous decades? Espousing an analytically eclectic explanation rather than using one single International Relations (IR) paradigm, this essay demonstrates three key exploratory arguments. First, the enduring Chinese military insecurity from American dominance in Southeast Asia has been recently amplified by the confluence of China’s economic rise, and more importantly, the power struggle in the current Xi Jinping-led regime. The article offers a domestic politics-oriented approach in explaining the strategic resolve of Beijing to militarize the disputed SCS region. Second, although many countries in the region uphold a ‘hedging foreign policy strategy’, which refers to their strategic engagement both with China and the USA, the Southeast Asian countries’ patterns of foreign policy behaviour and identity politics suggest that their longterm aspiration still relies on the USA as their primary security guarantor. Third, notwithstanding such perception of Southeast Asian states towards the USA, this article demonstrates that Washington’s long-term commitment of upholding its security guarantees to its Southeast Asian partners is hindered by the US interest to strategically engage with Beijing on broader issues of global governance.

The Development and Operation of the UNCLOS Regime

Korea International Law Review has published a number of influential articles regarding the law of the sea from 1993 (when the 1st volume was published) to 2018 (when the 49th was published). The United Nations Convention on the Law of the Sea (UNCLOS) entered into force in 1994 and since then many articles dealing with the law of the sea have been contributed to Korea International Law Review. Specially, one article of the late Professor Choon-ho PARK (a former judge of the ITLOS) and several timely articles written by Professor Charn-kyu KIM have sought a better understanding of the law of the sea. For example, Professor KIM rejects comparing the 1998 Fisheries Agreement between Korea and Japan with the 1965 Agreement. He interprets the 1998 Agreement in the context of the UNCLOS. For him, the UNCLOS is a comprehensive tool for understanding the law of the sea better. Moreover, Korea International Law Review provides a good opportunity for publications for young international law scholars. They have carefully analysed new cases of international courts and tribunals dealing with controversial issues about the law of the sea. Their researches have demonstrated the development and operation of the UNCLOS regime. For instance, they had dealt with the matter of the continental shelf beyond 200 NM with a study on the Bay of Bengal case of the ITLOS and had addressed some problems arising out of the nine-dash line before an Arbitral Tribunal under Annex VII to the UNCLOS made its final decision concerning the South China Sea dispute on 12 July 2016. It means that, since the publication of its first volume, Korea International Law Review has successfully encouraged young scholars to research on the key issues of international law.

Dinamika Isu Laut Tiongkok Selatan: Analisis Sumber-Sumber Kebijakan Luar Negeri Tiongkok dalam Sengketa

This article aims to observe the behaviour of China’s foreign policy in the conflict of South China Sea (SCS), by analyzing the internal factors and external factors that affect China’s foreign policy. China is one of the parties that take direct claim on the SCS. China’s claim is overlapping with other parties such as Vietnam, Filipina, Malaysia, dan Brunei. In defending its claims, China seeks to dominate both in the dispute area and in multilateral negotiations. In the dispute area, China seized the area, building land reclamation, and attacked other countries’ ships under various pretexts. In multilateral negotiations, China rejects the intervention of great power countries outside the region and maintains ambiguous and non-binding code of conduct. China also continues to increase its military power to press other countries. The author argues that the internal factors has greater influence on Chinese foreign policy decision and action in the SCS dispute than the external factors. Thus, it could triggers China to keep dominating the issue of SCS disputes.

Dinamika Sikap Tiongkok Atas Putusan Mahkamah Arbitrase Tetap Internasional Nomor 2013-19 dan Pengaruhnya terhadap Indonesia

The Conflict in South China Sea involves several countries in Southeast Asia, such as the Philippines, Vietnam, Malaysia, Brunei Darussalam, and Indonesia. It is dealt with the rights of ownership, as a result of the People Republic of China (PRC) to unveil nine-dashed line which partially claims over South China Sea. But, it is followed by other countries to release new evidences on the territorial status of South China Sea. Though the Permanent Court of Arbitration had decided the petition of the Philippines in 2013, PRC could not admit the Arbitration. Essentially, Indonesia is not directly involved as a party in the case. But as the evidence provided by PRC, Natuna Islands is part of nine-dashed line in which it asserts that such islands are regarded part of PRC. As a result, Indonesia needs to anticipate on the further potential contention of territorial claims as it has islands around the South China Sea.
 Keywords: South China Sea Dispute, Permanent Court of Arbitration