Major Law and Policy Issues in the South China Sea by Yann-huei Song Keyuan Zou

Author:Yann-huei Song, Keyuan Zou [Yann-huei Song, Keyuan Zou]
Language: eng
Format: epub
Tags: History, Asia, General, Law, Maritime, Oceania
ISBN: 9781317102700
Google: A94oDAAAQBAJ
Publisher: Routledge
Published: 2016-05-13T16:15:39+00:00

Charting a Legal Framework

As pledged in the 2002 Declaration on the Conduct of Parties in the South China Sea (DOC), all signatories “reaffirm their commitment to the purposes and principles of the Charter of the United Nations, the 1982 UN Convention on the Law of the Sea, the Treaty of Amity and Cooperation in Southeast Asia, the Five Principles of Peaceful Coexistence, and other universally recognized principles of international law which shall serve as the basic norms governing state-to-state relations.”60 Therefore the guiding principles can be found in the UN Charter as well as in general international law, including the LOS Convention.

According to Article 123 of the LOS Convention, the states adjacent to a semi-enclosed sea like the South China Sea have the obligation of cooperation “(a) to coordinate the management, conservation, exploration and exploitation of the living resources of the sea; (b) to coordinate the implementation of their rights and duties with respect to the protection and preservation of the marine environment; (c) to coordinate their scientific research policies and undertake where appropriate joint programmes of scientific research in the area; (d) to invite, as appropriate, other interested States or international organizations to cooperate with them in furtherance of the provisions of this article.”61 It is to be noted that cooperation between the South China Sea states and other states is clearly stated in this provision. It is suggested that experiences and lessons from the Mediterranean Sea and the Caribbean Sea can be learnt by the South China Sea states,62 in addition to Antarctic experience.

The 2002 DOC certainly serves as a basis to formulate the legal regime for the South China Sea. The negotiation between ASEAN countries and China on the adoption of a legally binding Code of Conduct has clearly shown that the parties concerned have made a right direction and taken an essential step forward. Successful experiences in the establishment and maintenance of the ATS for peace and security in the Antarctic region give the littoral states ample insights in their consideration to develop a regional legal regime for the South China Sea.

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