Weekly News 20/5-26/5

-(Philippine Daily Inquirer 21/5) Philippines protests presence of Chinese ships in Ayungin Shoal : The Philippines has formally protested the “provocative and illegal” presence of Chinese government ships around a shoal within the Philippine continental shelf in the South China Sea, asserting exclusive rights to use resources within its exclusive economic zone (EEZ). –(Asitimes 21/5) Philippine 'pivot' in the South China Sea

-(The Diplomat 21/5) How Taiwan Bungled the Philippine Crisis : The art of diplomacy involves not only the ability to maximize the returns for one’s country but also a keen awareness of the most propitious time to cease escalation. –(Philippine Daily Inquirer 21/5) Manila, Taipei agree on ‘cooperative’ probe

China’s U-shaped Line in the South China Sea: Possible Interpretations, Asserting Activities and Reactions from Outside, by Tran Truong Thuy

China (and Taiwan) has circulated the map of South China Sea with the U-shaped line (or nine-dotted line) in different internal documents and publications since 1948. However, it was not until 2009 that, for the first time, the People’s Republic of China included it in an official international document, namely in the Note Verbal sent to United Nations Commission on the Limits of the Continental Shelf to protest Vietnam and Malaysia joint submissions on the outer limit of their continental shelves in the South China Sea.

Chinese strategic miscalculations in the South China Sea

First and foremost, China should take constructive steps to bring about an amicable conclusion to negotiations on the Code of Conduct (COC) in the South China Sea, and implement a face-saving policy renouncing once and for all its U-shaped line. Obviously, this will be a difficult decision for China to take. However, the international dividend and return for China’s peaceful rise would ripple far beyond the neighborhood and confines of the South China Sea.

Can a limited purpose maritime and air defence identification zone be established over the South China Sea?, by Mary George

To stimulate South China Sea regional security cooperation in the control of piratical attacks against ships, this paper proposes the establishment of a limited purpose maritime and air defence identification zone over the South China Sea.

Recent Developments in the Philippine Baselines Law, by Raul C. Pangalangan

The Philippines recently passed a 2009 Baselines Law that, it was hoped, would finally confront its long-standing dilemma on whether to abandon its 1898 “treaty lines” altogether and adopt the modern rules on the Law of the Sea. That hope did not come to pass.

CLCS submissions and claims in the South China Sea, by Robert C. Beckman & Tara Davenport

We will first briefly outline the claims to islands in the South China Sea prior to 2009. We will then examine the official documents submitted to the CLCS relating to the South China Sea claims and the significance of these developments, especially how they have resulted in several of the claimants bringing their claims into conformity with their rights and obligations under UNCLOS

When the elephants dance….China, the United States and the South China Sea, by Geoffrey Till

This paper will focus on the symbolic aspect of this island dispute for China and for the United States, a country that is not a claimant but which appears nevertheless to be getting ever more involved in the conduct of the dispute and in discussions about its final possible resolution

Towards an international legal duty of ocean cooperation? by Ian Townsend-Gault

This paper explores the rules of international law, as well as relevant state practice, pertaining to maritime cooperation.  Its scope therefore includes formal and informal arrangements whereby states have decided to blur, or establish some alternative to, the usual rules pertaining to exclusive jurisdiction at sea.

Can the Disputes Over Maritime Delimination and Sovereignty to Islands in the South China Sea Be Solved? by Prof. Stein Tønnesson

This paper argues that a better choice is to make active use of the Law of the Sea as a basis for delimiting territorial waters, Exclusive Economic Zones and continental shelves, and that this could be possible even without resolving the question of sovereignty to the Spratly Islands.

New actors and thoughts in Chinese foreign policy and its implications to Vietnam in South China Sea, by Nguyen Minh Ngoc

The purpose of this paper by Nguyen Minh Ngoc is to analyze the actors and new thoughts in Chinese foreign policy and implications of China’s policies for South China Sea. The author would like to offer readers with the policy-making process of new foreign policy of China, which helps Vietnamese more aware of the situation and find appropriate solutions.

Legal bases and reality approaches of legal documents on South China Sea disputes by Nguyen Duc Hung

In the process of seeking measures to the disputes in the South China Sea, UNCLOS 1982 and the related international legal documents are the creditable legal basis despite their drawbacks. Therefore, the reality approaches are crucial. First, the following article analyzes the pros and cons of taking UNCLOS as the legal basis.