12 results
Search Results
2. China Issues White Paper on Settling Disputes with the Philippines.
- Subjects
- *
BOUNDARY disputes , *ECONOMIC zones (Law of the sea) , *INTERNATIONAL law , *INTERNATIONAL relations ,UNITED Nations Convention on the Law of the Sea (1982) - Abstract
The article reports the move by the government of China on July 13, 2016 to issue a white paper presenting its position on how to resolve its territorial dispute with the Philippines. Based on the document issued by China's State Council Information Office, the Philippines' claims are groundless under either history or international law. The paper also claimed that the Philippines has abused the United Nations Convention on the Law of the Sea (UNCLOS) dispute settlement process.
- Published
- 2016
3. Cautious Bully: Reputation, Resolve, and Beijing's Use of Coercion in the South China Sea.
- Author
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Zhang, Ketian
- Subjects
MARITIME boundaries ,BOUNDARY disputes ,ECONOMIC sanctions ,NATIONAL security ,DECISION making ,INTERNATIONAL relations - Abstract
Since 1990, China has used coercion in its maritime territorial disputes in the South China Sea, despite adverse implications for its image. China is curiously selective in its timing, targets, and tools of coercion: China rarely employs military coercion, and it does not coerce all countries that pose similar threats. An examination of newly available primary documents and hundreds of hours of interviews with Chinese officials to trace the decisionmaking processes behind China's use and nonuse of coercion reveals a new theory of when, why, and how China employs coercion against other states, especially in the South China Sea. Contrary to conventional wisdom, the findings show that China is a cautious bully that does not use coercion frequently. In addition, when China becomes stronger, it tends to use military coercion less often, choosing instead nonmilitary tools. Moreover, concerns with its reputation for resolve and with economic cost are critical elements of Chinese decisionmaking regarding the costs and benefits of coercing its neighbors. China often coerces one target to deter others—"killing the chicken to scare the monkey." These findings have important implications for how scholars understand states' coercive strategies and the future of Chinese behavior in the region and beyond. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
4. FANTASY OR FICTION: MARCHING OF THE DRAGON IN THE SOUTH CHINA SEA.
- Author
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Roy, Nalanda
- Subjects
BOUNDARY disputes ,INTERNATIONAL relations ,SOVEREIGNTY ,TWENTY-first century - Abstract
This article looks at the South China Sea dispute and its impact in international relations. It analyses why the Southeast Asian states are highly sovereignty sensitive, and how such sensitivity has made non-intervention the bedrock of managing their foreign policies. China has long viewed the near seas as regions of geostrategic interest, and thus the SCS is not an exception. On the one hand it brings hope and prosperity, and on the other uncertainty and threat. At the end, the article argues whether China’s assertive position regarding other countries’ sovereignty claims in the Arctic might undermine its own position in contested areas like the SCS, and suggests that China will at least have to learn how toshare and bear(term coined by the author) as a member of the international community. [ABSTRACT FROM PUBLISHER]
- Published
- 2017
- Full Text
- View/download PDF
5. GIVING TEETH TO THE TIGER: HOW THE SOUTH CHINA SEA CRISIS DEMONSTRATES THE NEED FOR REVISION TO THE LAW OF THE SEA.
- Author
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RIGGIO, AARON M.
- Subjects
UNITED Nations Convention on the Law of the Sea (1982) ,BOUNDARY disputes ,SOVEREIGNTY ,ECONOMIC zones (Law of the sea) ,INTERNATIONAL relations - Abstract
The article discusses a possible revision to the United Nations Convention on the Law of the Sea (UNCLOS) in light of territorial disputes in the South China Sea. Topics include the notion of sovereignty in relation to disputes over rocks and islands in the South China Sea, dispute resolution provisions under the UNCLOS in light of competing territorial claims by China and the Philippines, and UNCLOS treatment of exclusive economic zones (EEZs) in relation to artificial islands.
- Published
- 2016
6. China's ambition in the South China Sea: is a legitimate maritime order possible?
- Author
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MORTON, KATHERINE
- Subjects
INTERNATIONAL relations ,CHINESE politics & government, 2002- ,BOUNDARY disputes ,SOVEREIGNTY ,INTERNATIONAL conflict ,HEGEMONY ,MARITIME boundaries ,TERRITORIAL waters ,HISTORY - Abstract
China's expanding presence in the South China Sea is now a major source of escalating tensions leading to a spiral of confrontation with the United States and the littoral states of east Asia. Under these conditions, conventional analysis suggests that serious conflict is almost inevitable. This article provides an alternative perspective by situating China's growing ambition within the broader transformation of maritime order in the contemporary era. On the basis of a new interpretation of maritime order, the study provides a deeper examination of China's motivations in relation to the maritime disputes, US-China strategic competition, and Xi Jinping's new strategy to achieve the great rejuvenation of the Chinese nation. The analysis of the legal, strategic and political dimensions of China's positioning in the South China Sea suggests that maritime nationalism rather than the quest for maritime hegemony is a central motivation driving Chinese actions. A second important insight is that the current approach is strengthening China's control, but undermining its legitimacy in the eyes of other major powers and stakeholders. By focusing on legitimacy as an organizing principle in maritime affairs, it becomes clear that the Chinese leadership stands to gain from integrating its ambition more fully into the evolving maritime order. [ABSTRACT FROM AUTHOR]
- Published
- 2016
- Full Text
- View/download PDF
7. Free the Sea: The Philippines v. China.
- Author
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Jones, Jessica L.
- Subjects
UNITED Nations Convention on the Law of the Sea (1982) ,BOUNDARY disputes ,TWENTY-first century ,MILITARY history ,INTERNATIONAL relations - Abstract
In early 2013, pursuant to the United Nations Convention on the Law of the Sea (UNCLOS) treaty, the Philippines initiated compulsory arbitration against China in an attempt to finally settle their South China Sea disputes. Tired after years of futile negotiating and what it views as belligerent Chinese actions in the Sea, the Philippines hopes that a UN tribunal will reject China's nine-dash line and its claims of sovereignty over much of the Sea. International legal regimes are systems of choice, and China must calculate if it is in its national interest to comply with an adverse award. As an aspiring power, the political, economic, and military costs of ignoring a UN tribunal to China are high. Yet, China's strict adherence to a historic right to the Sea's waters and islands may preclude it from seeing the wisdom in complying with a UN award. Thus, the solution to peace in the South China Sea may sit outside of UNCLOS and may necessitate a freeing from UNCLOS obligations. [ABSTRACT FROM AUTHOR]
- Published
- 2016
- Full Text
- View/download PDF
8. Drawing the U-Shaped Line.
- Author
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Chung, Chris P. C.
- Subjects
BOUNDARY disputes ,MARITIME law ,INTERNATIONAL relations ,TWENTIETH century - Abstract
This article examines the genesis, usage, and meaning of the People’s Republic of China’s and the Republic of China’s U-shaped line claim in the South China Sea territorial dispute from 1946 to 1974. The Republic of China (ROC) officially created the line in 1947, which the People’s Republic of China (PRC) then adopted in 1949. Although the PRC claims sovereignty over all of the disputed islands and features, it remains silent on what specific waters the line claims. Based on ROC national archival files on the line, which remain virtually unused by scholars on the dispute, this article argues that the line was an “islands attribution” boundary until at least 1974. It claimed only the islands, features, and any adjacent waters consistent with contemporary conceptions of international maritime law. The article concludes with the present-day significance of this history and suggestions for future avenues of scholarship. [ABSTRACT FROM AUTHOR]
- Published
- 2016
- Full Text
- View/download PDF
9. State Strategy in Territorial Conflict: A Conceptual Analysis of China's Strategy in the South China Sea.
- Author
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TAFFER, ANDREW
- Subjects
BOUNDARY disputes ,INTERNATIONAL relations ,MILITARY operations other than war - Abstract
This article critically analyses an intuitive and influential conceptual framework by which to understand state strategy in territorial conflicts. According to this framework, a state in a territorial dispute can pursue one of three general strategies: threaten or use force; offer territorial concessions; or delay. This article argues that it is problematic to regard these three candidate strategies as mutually exclusive. It is argued that not only can a strategy of escalation be compatible with one of delay, but many uses of force can be employed instrumentally in service of delaying. The framework, this article contends, does not so much capture "strategy" as it does certain aspects--or outcomes--of strategy, which while appropriate for certain analytical tasks is less so for others. The 2012 Scarborough Shoal incident is examined and China's strategy during the event is scrutinized with a view towards assessing the strengths and weaknesses of applying the framework to an analysis of narrower scope. Lastly, it is argued that a framework for conceptualizing state strategy in territorial disputes should not be confined to three alternatives; it should be more broadly constructed, allowing for more nuance and taking seriously all the domains of statecraft. [ABSTRACT FROM AUTHOR]
- Published
- 2015
- Full Text
- View/download PDF
10. The Legal Status of the U-shaped Line in the South China Sea and Its Legal Implications for Sovereignty, Sovereign Rights and Maritime Jurisdiction.
- Author
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ZOU Keyuan and LIU Xinchang
- Subjects
BOUNDARY disputes ,UNITED Nations Convention on the Law of the Sea (1982) ,INTERNATIONAL courts ,INTERNATIONAL arbitration ,INTERNATIONAL law ,TWENTY-first century ,INTERNATIONAL relations - Abstract
The U-shaped line in the South China Sea has been recently challenged in the international community and this challenge reached its climax when the Philippines presented China with a Notification and Statement of Claim under Article 287 and Annex VII of the 1982 United Nations Convention on the Lawof the Sea (LOSConvention) on 22 January 2013. In its Statement of Claim, the Philippines requests the Annex VII Arbitral Tribunal to adjudge and declare that China's maritime claims based on the U-shaped line are contrary to the LOS Convention and invalid. Against this background, this article will analyze the issues concerning the related submissions of the Philippines. [ABSTRACT FROM AUTHOR]
- Published
- 2015
- Full Text
- View/download PDF
11. China's New Assertiveness in the South China Sea.
- Author
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Yahuda, Michael
- Subjects
BOUNDARY disputes ,ASSERTIVENESS (Psychology) ,SEA power (Military science) ,INTERNATIONAL relations ,CHINESE politics & government, 2002- - Abstract
China's new assertiveness in the South China Sea has arisen from the growth of its military power, its ‘triumphalism’ in the wake of the Western financial crisis and its heightened nationalism. The other littoral states of the South China Sea have been troubled by the opacity of Chinese politics and of the process of military decision-making amid a proliferation of apparently separately controlled maritime forces. The more active role being played by the United States in the region, in part as a response to Chinese activism, has troubled Beijing. While most of the ASEAN states have welcomed America as a hedge against growing Chinese power, their economies have become increasingly dependent upon China and they don't want to be a party to any potential conflict between these two giants. The problem is that there is no apparent resolution to what the Chinese call, in effect, these ‘indisputable disputes’. [ABSTRACT FROM PUBLISHER]
- Published
- 2013
- Full Text
- View/download PDF
12. The Spratlys: From Dangerous Ground to Apple of Discord.
- Author
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Womack, Brantly
- Subjects
ECONOMIC equilibrium ,INTERNATIONAL relations ,GLOBAL Financial Crisis, 2008-2009 ,TERRITORIAL waters ,BOUNDARY disputes - Abstract
The South China Sea, and the Spratly Islands in particular, have become the focus of tension between the uncertain limits of China's rise and the discomfort of its Southeast Asian neighbours at the prospect of becoming China's backyard. The regional concerns of Southeast Asia overlap with the global concerns of the United States. The tension has been reframed by the global crisis of economic uncertainty that began in 2008 and sharpened by rhetorical confrontations in 2010. Because of the limited utility and adverse consequences of decisive unilateral action by any party, the dispute is likely to continue as a symbol of discord until it is defused by multilateral guidelines. [ABSTRACT FROM AUTHOR]
- Published
- 2011
- Full Text
- View/download PDF
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