Tag Archives: South China Sea

The Tribunal’s Award in the “South China Sea Arbitration” Initiated by the Philippines Is Null and Void
On 10 June 2016, the Chinese Society of International Law (CSIL) released a paper entitled The Tribunal’s Award in the “South China Sea Arbitration” Initiated by the Philippines Is Null and Void.
How Convincing is the Decision that the Arbitral Tribunal Has Jurisdiction to Hear the Claims Brought by the Philippines Against China?
The Philippines has brought arbitration proceedings against China under the United Nations Convention on the Law of the Sea (UNCLOS) relating to the South China Sea, and the Tribunal has recently given its decision on whether it has jurisdiction over the claims made by the Philippines.
rule of law
U.S. Sets Itself Apart from International Maritime Order
China has been consulting and cooperating with ASEAN nations on the South China Sea issue following the “dual track” approach under corresponding regional and bilateral legal frameworks. The US, by maintaining a lonely existence beyond the international maritime legal order, will eventually isolate itself by attempting to isolate China.
Will UN Tribunal Ruling Disrupt AIIB Inaugural Annual Meeting?
China’s six-month old investment bank, the AIIB, has been at pains to portray itself as a new multilateral economic institution governed by written rules and not merely a foreign economic policy puppet of China. However, problems may arise as the South China Sea tribunal ruling nears the official AIIB coming-out party.
S&ED
China-U.S. Strategic and Economic Dialogue: Time to Move Beyond the South China Sea?
South China Sea tensions appear to reveal the innate character and intentions of both countries. However, small inkblots, just like small islands, can only explain so much when assessing the overall China-U.S. bilateral relationship. These inkblots imperil a more comprehensive scrutiny of the larger geo-political canvas of the ongoing 8th China-U.S. Strategic and Economic Dialogue.
Representatives of the USA and China shake hands
America’s Profound Strategic Misperception of China
China has no ambition to dominate Asia or the world, and Washington must resist misconstruing China’s development strategies and policies. It is imperative that the two countries dispel misgivings and strengthen communication, deepen understanding and mutual trust, in order to build a new type of major-country relations featuring non-confrontation, non-conflict and win-win cooperation.
U.S. Arms Sales to Vietnam: A Military Analysis
President Barack Obama’s announcement that he will lift the decades-old embargo on the sale of military equipment to Vietnam raises the question of whether or not it will alter the military balance in the South China Sea. This outcome, Stefan-Gady argues, depends on both the effective training and the ability to successfully integrate new weapons systems within the existing military structures.
Limits-of-Law
Limits of Law in the South China Sea
Although a rules-based and law-based approach in the international arena is an admirable aspiration, law will not solve the dangerous problems in the South China Sea. More specifically, the upcoming ruling in the case brought by the Philippines against China before an arbitration tribunal under the U.N. Convention the Law of the Seas will not solve the problems or even make a major headway in resolving them. An examination of the issues before the tribunal and its most likely decisions demonstrate that the tribunal and law can make only a very limited contribution to resolving the South China Sea crisis. Law will not save us from continuing to focus predominantly on negotiations and power politics.
philippines
Duterte Presidency: A Game Changer in Philippine-China Relations?
Duterte’s strong performance at the polls seems to demonstrate Filipinos’ approval of a new approach to the South China Sea problem by holding bilateral talks with China and the U.S. But if these talks fail to benefit of the Filipino people, particularly on Filipino fishermen who are greatly affected by sea disputes, Duterte may use the arbitration decision as a second option.
Vietnam Arms Sales and Regional Balancing
The U.S. decision to remove all restrictions on arms sales to Vietnam does not aim to militarize the South China Sea dispute or contain China. Rather, the decision was but the latest move among the great powers to pursue their interests in Southeast Asia, which for the United States focus on discouraging China or anyone else from using military power to pursue a coercive solution to territorial conflicts.
The New York Times Is Wrong About the South China Sea
In a recent editorial, the New York Times accuses China of “playing chicken” in the South China Sea, which as Benjamin Reynolds argues, dramatically inflates the threat that China poses to the region and the United States. The critique is not militarism, threatening behavior, or the revision of international norms as such. Rather, the narrative outlined by the Times is the standard hawkish U.S. narrative about China and the South China Sea, which have preceded invasions in Vietnam, Iraq, and bombing in Libya, too.
Whose “International Law” Are We Talking About?
With the US picking and choosing what parts of customary international law it embraces, the FON operations are clearly exercises of hegemonic power projection so as to establish a US-dominated maritime legal order beyond a world ocean legal order guaranteed under UNCLOS. As for the FON operations conducted in the South China Sea, they are no more than a tool to carry out the US “Pivot to Asia” strategy.
Cartoon
Staying the Course: Maintaining Momentum in U.S.-China Relations
U.S.-China relations are too important for the people of the two nations and for the world. At this point, protecting U.S.-China relations must be the first priority. It is time for the two countries to rethink and re-evaluate, with urgency, the issues involved.
The collision in 2001 of a Chinese PLA Navy J-8 fighter jet and a US Navy EP-3 spy plane off China’s Hainan Island caused the death of Chinese pilot Wang Wei.
Who Will Be to Blame for the Next Collision Incident in the South China Sea?
The recent U.S. reconnaissance activities in South China Sea raises the question if another collision is looming in the air. After examining the existing international conventions and laws regarding airspace and maritime encounters, the author argues that the key to preventing another collision is for the U.S. to stop close-in reconnaissance operations near China’s waters.
Why President Duterte Rejects a Strategy of Tension Promoted by U.S.
Despite western press fearing the next Philippine president as a “strongman,” President Duterte won the majority of votes from an election with a record 82 percent turnout. For the first time, Philippines is poised to have its first president who is a self-declared socialist, and who wants to hedge bets between U.S. security assurance and Chinese economic cooperation.
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