Val Cochrell: Maritime Boundary Dispute: South China Sea
Abstract
For several decades, there have been various maritime boundary disputes in the South China Sea. According to scholarly research, sovereignty and ocean entitlements are the two main issues that dominate these maritime disputes, which also includes the rights of states to utilize the living and non-living resources on the debated portion of the sea. The continuous controversies and contentions in the South China Sea have contributed to the complexities and limitations of international law in resolving maritime disagreements. China has contended historic claims to most of South China Sea, which is a tactical area that carries enormous energy and mineral resources. Claims by China are reinforced by its expanding navy and military, which boost their sea power in order to project their influence in the South China Sea. These maritime boundary claims, along with China’s continuous expansion of its military, generated great concerns among China’s neighboring ASEAN member-nations (Association of Southeast Asian Nations). The opposition by these ASEAN countries is supported by the United States and others such as Japan, India, Australia, among others. On January 22, 2013, the Philippines commenced a formal case on maritime boundary dispute against China regarding the South China Sea, based on Part XV (2) of the United Nations Convention Law of the Sea (UNCLOS). In its initial pleading, the Philippines sought the help of UNCLOS through its compulsory arbitration procedure. China immediately refused to resolve the dispute with the Philippines under a formal, international venue. UNCLOS sets out specific rules on dispute resolution, but some scholars indicate that this set of rules is not completely flawless, and the loopholes within its provisions give rise to squabbles and friction among different states.
