The July 12 arbitration award in the Philippines case against China under the United Nations Convention on the Law of the Sea (Unclos) isn’t only significant for East Asia and maritime law. It will also have implications for public international law and the peaceful settlement of international disputes generally.
Peter Dutton joins Steve Orlins in a teleconference discussion about the recent decision regarding the South China Sea.
At long last, the Philippines and China will have answers to their heated dispute over the South China Sea. A tribunal at the Permanent Court of Arbitration in The Hague, Netherlands, has issued a landmark ruling addressing the Philippines' accusations that China has interfered with the rich fishing region of the Scarborough Shoal.
International media have come to focus on Tuesday’s anticipated decision in the Philippines’ arbitration against China. Beijing’s recent propaganda and diplomatic blitz has raised the prominence of the case to new heights. The dispute involves no fewer than 15 issues, many of them highly technical. Yet the basic issue in the case — whether the decision will be legally binding on China as well as the Philippines — is reasonably straightforward. Still there appears to be widespread misunderstanding surrounding it.
As the result of the arbitration case filed by the Philippines government against China on South China Sea questions is imminent, people are wondering how Beijing will react and what might happen next.
While tensions continue to rise in the South China Sea and the disputing governments nervously await a decision in the Philippines’ arbitration case against China, an important sideshow has arisen between Japan and Taiwan in the central Philippine Sea regarding a Taiwanese fishing vessel.
The already tense atmosphere in the East China Sea ratcheted up a notch this past week when China declared a new air defense identification zone. The United States’ flight of a pair of B-52 bombers through that zone on Monday further highlighted the potential for conflict in the contested area.
Of the many signs of China’s increasingly assertive foreign policy, none has troubled its neighbors — and the United States –more than its claim to some form of jurisdiction over much of the South China Sea. Yet the People’s Republic has never explained exactly what it is claiming or why regarding these strategically important waters so rich in mineral, fishery and other resources.
By April 1972, as the United States prepared to return to Japanese administration the eight uninhabited islets known as the Senkakus in Japan and the Diaoyus in China, the Sino-Japanese dispute over their ownership had reached fever pitch. Nationalism was in full flight not only in Japan, but also in mainland China, Taiwan and Hong Kong.
Beijing’s rejection of international arbitration to resolve disputes over its claim to most of the South China Sea makes it look like a “bully” in the world community, a leading US expert on Chinese law said this week.
Jerome A. Cohen discusses how international tribunals could help East Asia solve its Law of the Sea crisis.
The already tense atmosphere in the East China Sea ratcheted up a notch this past week when China declared a new air defense identification zone.The United States’ fight of a pari of B-52 bombers through that zone on Monday further highlighted the potential for conflict in the contested area. The legal issues involved in the use of the sea, are intellectually intriguing for an academic who studies international law. The political realities of this increasingly tough neighborhood, however, are frightening.
Sino-Japanese relations do not look promising at the moment. Obviously, the Diaoyu-Senkaku dispute is not the only factor in play but it does focus nationalist passions on both sides. Yet both countries are capable of wiser conduct if their leaders can manage to rise above the dangerous temptations to beat military drums.
Jerome A. Cohen weighs in on the latest in the South China Sea conflict.
Although China’s increasingly “assertive” international conduct has naturally stirred widespread concern in both Asia and the US, especially regarding the South China Sea, an overview of Beijing’s foreign policy suggests a less alarming perspective. In some major subjects, such as environmental pollution and climate change, there are good prospects for Beijing’s cooperation with the United States and other nations.