Sharing the Resources of the South China Sea

, by Valencia, Mark J.; Van Dyke, Jon M.; Ludwig, Noel A.

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ISBN: 9780824818814 | 0824818814
Cover: Paperback
Copyright: 6/1/1999

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The South China Sea disputes continue to confuse and confound policymakers. The authors survey the principles that appear to guide the nations of the South China Sea region in their regional relations and identify the appropriate objectives of a regional resource authority.

Acknowledgments

Introductory Overview

(4)

The Regional Political Context of The Problem

(12)

Claims and Activities (Plates 1 and 2)

(1)

The ``Oil'' Factor

(8)

Analyzing The South China Sea Claims Under International Law

(60)

The Sovereignty Issues

(22)

China's Claim to the Spratly Islands

(2)

Weaknesses in China's Claim to the Spratly Islands

(2)

Does China Claim Maritime Zones Based on Its Claims to the Spratly Islands?

(1)

Does China Also Claim the Waters and Resources of the South China Sea? China's ``Nine Interrupted-Lines'' Historic-Waters Claim (Plate 4)

(5)

The Role of Taiwan

(1)

Vietnam's Claim to the Spratlys

(2)

Weaknesses in Vietnam's Claim

(1)

The Philippines' Claim

(2)

Weaknesses in the Philippines' Claim

(1)

Malaysia's Claim

(1)

Weaknesses in Malaysia's Claim

(1)

Brunei's Claim

(1)

Weaknesses in Brunei's Claim

(1)

Application of International Law Principles to These Sovereignty Claims

(1)

Boundary Delimitation Issues

(19)

What Is the Relevance of the Law of the Sea Convention in This Dispute?

(1)

Features That Are Submerged at High Tide Cannot Generate Maritime Zones

(1)

Do Any of the Spratly Islets Have the Capacity under Article 121 to Generate EEZs or Continental Shelves?

(4)

Should Some of the Spratly Features Be Characterized as ``Artificial Islands,'' and, If So, What Would Their Legal Status Be?

(1)

Can Any of the Claimant Nations Claim the Area as Archipelagic Waters?

(1)

Are the Spratly Islets That Are Above Water at High Tide Entitled to Generate 12-Nautical Mile Territorial Seas?

(1)

What Continental Shelf Claims Can Be Made by the Claimant States?

(1)

What Is the Role of the Continental Shelf Commission?

(1)

What Principles Govern the Delimitations of Maritime Boundaries?

(5)

The Provisional Arrangement Requirement

(1)

Will High Seas Areas Remain After the Maritime Boundaries Are Delimited, and, If So, How Will This Area Be Governed?

(1)

A Shared Regional ``Common Heritage''?

(2)

The Claimant States Have a Duty to Cooperate in Managing the Resources and Protecting the Environment of a Semi-Enclosed Sea

(1)

The Land-Locked and Geographically Disadvantaged States Have Certain Rights to Share in the Harvests of the Living Resources in the South China Sea

(1)

Navigational Freedoms Appear to be Respected by All Claimant States

(1)

Summary and Conclusion

(18)

Each Claimant's Position Is Weak Under International Law and Thus Each Should Consider a Shared Management Approach

(18)

The Political Dimensions of the Disputes

(34)

China: A Question of Intent

(13)

The Mischief Reef Incident

(3)

Why Is China Behaving the Way It Is?

(6)

A Glimmer of Hope?

(2)

China/Vietnam

(5)

China/Taiwan

(2)

China/Asean

(2)

Conclusions and Considerations for a Solution

(12)

Approaches and Half-Measures

111

(18)

The South China Sea Track Two Process: Fear Racing Hope

111

(4)

An Eminent Persons Group?

115

(2)

Preventive Diplomacy

117

(1)

Bilateral Negotiation of Provisional Arrangements

118

(1)

Institutionalization of the Multilateral Dialogue

119

(1)

Miscellaneous CBMs

120

(1)

A Code of Conduct

120

(1)

A South China Sea Institute for Marine Resources Management (SCIMARE)

120

(4)

Joint Assessment and Survey of Hydrocarbon and Mineral Potential in the Multiple Claim Area under CCOP

124

(1)

A Maritime Safety and Surveillance Regime

125

(4)

The Danger of the Status Quo

129

(4)

The Allocation Option

133

(16)

Allocation of Only the Features

133

(1)

Allocation of the Features and Maritime Space

134

(9)

Legal and Geographic Analysis

134

(1)

General Direction Lines and Equidistance

135

(8)

Allocation Scenarios

143

(6)

Scenario 1

143

(1)

Scenario 2

144

(1)

Scenario 3

144

(1)

Scenario 4

145

(1)

Scenario 5

145

(4)

The Regional Multilateral Cooperative Regime Option: Managed Sharing of a Regional Commons

149

(50)

Relevant Precedents and Lessons Learned

149

(4)

Marine Regionalism

149

(4)

International Organizations

153

(15)

Structure

156

(1)

Authority

156

(6)

Secretary-General

162

(1)

Secretariat

163

(1)

Council

164

(1)

Voting

165

(1)

Chambers

165

(2)

Consensus

167

(1)

A Survey of Individual Organizations

168

(3)

UN (United Nations)

168

(1)

IMO (International Maritime Organization)

168

(1)

ILO (International Labour Organization)

169

(1)

INMARSAT (International Maritime Satellite)

169

(1)

IMF (International Monetary Fund)

170

(1)

ASEAN (Association of Southeast Asian Nations)

170

(1)

Conclusions

171

(1)

The Antarctic and Svalbard Treaties

171

(12)

The Antarctic Treaty System

172

(1)

The Original Treaty

172

(1)

The Amendments

173

(3)

The Convention on the Regulation of Antarctic Mineral Resource Activities and the Protocol on Antarctic Environmental Protection

176

(2)

Third World Objections

178

(1)

Relevance of the Antarctic Treaty System

178

(3)

The Svalbard Treaty

181

(2)

Joint Development Precedents

183

(4)

The Role of a Marine Park or Preserve

187

(12)

An Ideal Maritime Regime

199

(26)

Origin and Elements

199

(11)

Principles

202

(1)

Objectives

203

(1)

General Observations on Asia-Pacific Confidence and Security Building Measures (CSBMs)

204

(1)

The Critical and Controversial Elements

204

(1)

Definition of the Area

205

(1)

Organizational Structure

206

(2)

Membership

208

(1)

Decision-Making

208

(1)

Allocation of Executive Positions

209

(1)

Sample Regimes and Allocation of Costs and Benefits

210

(12)

A Robust Spratly Management Authority Governing the Equidistant Area

210

(4)

Weighted Voting with General and Weighted Votes

214

(1)

A Combined Chambered System

215

(1)

Claims Set Aside, But Not Abandoned

215

(1)

Demilitarization and Nonnuclearization of the Features

216

(1)

Resolving the Remaining Issues

216

(1)

The Equidistant Area and Multiple Joint Development Companies (Plate 18)

217

(1)

The ``Archipelagic Option'' with a Robust Spratly Management Authority (Plates 16 and 17)

218

(4)

Conclusion

222

(3)

Appendix 1: Descriptions of Spratly Features

225

(12)

Appendix 2: Proposals for Cooperation Emanating from the South China Sea Dialogue

237

(10)

List of Figures

247

(2)

List of Tables

249

(1)

List of Plates

250

(3)

Plates

253

(18)

Index

271

(6)

About the Authors

277

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Sharing the Resources of the South China Sea

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Sharing the Resources of the South China Sea

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