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Asian Politics and Policy

The South China Sea Arbitration: A Test for the Efficacy of Compulsory Mechanism of UNCLOS

Picture of Nong Hong
Nong Hong

Executive Director & Senior Fellow

Abstract:

This article analyzes China’s policy approach to dispute settlement through the angle of its attitude on international law, especially the role of third‐party compulsory mechanism in solving international disputes. It explains China’s position of no acceptance and no participation in the South China Sea arbitration case and discusses the legal implication of the arbitration case and its political and security impacts on the South China Sea (SCS). A compulsory dispute settlement mechanism may not be the only or the best option for addressing the disputes in the SCS. A model of maritime dispute management is proposed with the goal of achieving peace and stability in the region of the SCS. This article suggests a practical four‐tiered model of maritime dispute management in the SCS, namely, environmental security as a driving force of cooperation in the SCS, fisheries cooperation as a start of the SCS dispute resolution, United Nations Convention on the Law of the Sea as a framework for ocean governance in the SCS, and lastly, transformation of ways of thinking as a foundation to lead policy and research direction.
This article analyzes China’s policy approach to dispute settlement through the angle of its attitude on international law, especially the role of third‐party compulsory mechanism in solving international disputes. It explains China’s position of no acceptance and no participation in the South China Sea arbitration case and discusses the legal implication of the arbitration case and its political and security impacts on the South China Sea (SCS). A compulsory dispute settlement mechanism may not be the only or the best option for addressing the disputes in the SCS. A model of maritime dispute management is proposed with the goal of achieving peace and stability in the region of the SCS. This article suggests a practical four‐tiered model of maritime dispute management in the SCS, namely, environmental security as a driving force of cooperation in the SCS, fisheries cooperation as a start of the SCS dispute resolution, United Nations Convention on the Law of the Sea as a framework for ocean governance in the SCS, and lastly, transformation of ways of thinking as a foundation to lead policy and research direction.

Product Details:

To cite this article: 

Hong, N. (2018), The South China Sea Arbitration: A Test for the Efficacy of Compulsory Mechanism of UNCLOS and Implications for Dispute Management in the Region. Asian Politics & Policy, 10: 219-246. doi:10.1111/aspp.12395

About the Author:

Picture of Nong Hong

Nong Hong

Executive Director & Senior Fellow

Dr. Nong Hong holds a PhD of interdisciplinary study of international law and international relations from the University of Alberta, Canada and held a Postdoctoral Fellowship in the University’s China Institute. She was ITLOS-Nippon Fellow for International Dispute Settlement (2008-2009), and Visiting Fellow at Australian National Centre for Ocean Resources and Security (2019), the Center of Oceans Law and Policy, University of Virginia (2009) and at the Max Planck Institute for Comparative Public Law and International Law (2007). She is concurrently a research fellow with China Institute, University of Alberta, Canada, and the National Institute for South China Sea Studies, China. Her research takes an interdisciplinary approach to examining international relations and international law, with focus on International Relations and Comparative Politics in general; ocean governance in East Asia and the Arctic; law of the sea; international security, particularly non-traditional security; and international dispute settlement and conflict resolution.

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