UN Convention on the Law of the Sea (UNCLOS) 1982 • • 12 mile limit from a nation’s coast: legal jurisdiction for the nation 200 miles form a nation’s coast Exclusive economic rights for the nation Dispute resolution mechanism • Direct talks between the parties. • If they fail: • submission of the dispute to the International Tribunal for the Law of the Sea • adjudication by the International Court of Justice • submission to binding international arbitration procedures • submission to special arbitration tribunals with expertise in specific types of disputes. All of these procedures involve binding third-party settlement Exceptions for cases involving national sovereignty. Parties submit their dispute to a conciliation commission; results are non-binding.
Senkaku/Diaoyu Islands
Senkaku/Diaoyu Islands
Dokdo/Takeshima Islands
What’s happening in the South China Sea? • Realism • Idealism • Constructivism
Realism The rise of China • Oil and gas • Control of sea lanes
The Future?
Balancing Behavior
Alliances? • China – US Report on PRC Military • North Korea • • • US Japan South Korea Philippines Vietnam Malaysia Brunei Indonesia Taiwan**
China has a long way to go
Idealism • UN Convention on the Law of the Sea (UNCLOS) 1982 • ASEAN (Association of South East Asian Nations) • ASEAN Regional Forum • ASEAN Code of Conduct (2002) • APEC (Asia-Pacific Economic Cooperation)
Constructivism Chinese History • The Middle Kingdom • Undisputed ruler of East Asia • Return to China’s rightful place in the world • It’s called the South China Sea for a reason