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.

The South China Sea: Avenues Towards a Resolution of the Issue, by Leszek Buszynski

The proposal outlined in this paper is modest and practical and in view of the current deadlock in the South China Sea. 

The Geo-Political Reality of Regional Co-Existence in a Chinese lake, by Prof. Ba Hamzah

As a researcher in this field, I expect more protests and counter protests in the future as both parties dig in the South China Sea, trying to accommodate and relate with each other.

Recent Developments in the South China Sea: Cause for Concern, by Dr. Ian Storey

In my presentation this afternoon I would like to address recent developments by examining three broad themes.

Recent developments in the South China Sea: Implications for peace, stability and cooperation in the region, by Carlyle A. Thayer

This paper focuses on Chinese assertiveness in the South China Sea in 2009. According to official policy, China promotes ‘peace, cooperation and development’ in the Asia-Pacific under the new doctrine of creating a ‘harmonious world’. China has therefore given priority to the primacy of economic growth and a peaceful international environment.

Recent developments in the South China Sea - Implications to peace, stability and cooperation in the region, by Gen. Daniel Schaeffer

Before coming to the core of the question, it appears necessary to remind briefly some elements of the past. Because we cannot explain or understand what is happening today in this part of the World if we ignore the legacy of the past and its influence on the present.

The Application of Article 121(3) of the Law of the Sea Convention to the Five Selected Disputed Islands in the South China Sea, by Yann-huei Song

The purpose of this paper is to examine the interpretation and possible application of Article 121, in particular its third paragraph, to the five selected disputed islands. Following this introductory section, a brief summary of the development of the “Regime of Islands” at the Third United Nations Conference on the Law of the Sea (hereafter referred to as UNCLOS III)[7]will be given in Section II, focusing in particular on those proposals made by the participating delegations to amend or delete entirely Article 121(3) of UNCLOS. In Section III, the views of the law of the sea experts on interpretation and application of Article 121(3) will be examined. In Section IV, several selected examples of state practices with regard to the application or interpretation of Article 121(3) are discussed. This is to be followed by discussing the interpretation and possible application of Article 121(3) to the five disputed islands in Section V. The last section will end the paper by providing several suggestions for possible amendment of Article 121 or policy measures to help deal with the confusion found in Article 121(3).

South china sea platform for prosperity or arena for altercation? by Nazery Khalid

This paper highlights the importance of the sea as a critical global trade waterway and a key energy sealane as a prelude to discussing the overlapping claims by several nations on parts of the sea.  It warns against overzealous acts by nations to stake their claims that may pose a threat to security, stability and prosperity in the region and may invite the presence of outside powers keen to capitalize on such situation. 

Cooperation in the South China Sea region: a way to regional peace, stability and prosperity, by Li Jianwei

This paper continues to support the idea of a sub-regional organization which acts as the coordinating institution for all-round cooperation in the South China Sea region. Only in this way can all actions be coordinated and fully communicated to avoid potential conflicts and promote efficiency of cooperation.

Compromise and cooperation on the sea: The case of signing the declaration on the conduct of parties in the South China Sea, by Tran Truong Thuy

This paper focuses on the formulation of the DOC between ASEAN and China, contributing factors to the decisions of the parties concerned and analysis of the outcome.

Measures For Maintenance For Peace, Stability And Enhancement Of Cooperation On The South China Sea, by Dr. Tran Cong Truc

The article is divided into two main parts: the overview of the South China Sea dispute and some solutions to dispute in South China Sea.

Maritime Jurisdiction and Maritime Security Cooperation in South China Sea, by Ji Guoxing

The article is divided into four main parts: the geographical nature of the South China Sea region, the importance of navigation security in South China Sea in the total Asia security, three approaches to achieve a fair and equitable solution and assessment of the current mechanisms for conflict prevention.

First International Workshop on South China Sea, Hanoi 11/2009

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Main contents:

OPENING SPEECH

I. GLOBAL SIGNIFICANCE OF THE SOUTH CHINA SEA IN THE CONTEXT OF THE CHANGING INTERNATIONAL ENVIRONMENT

II. REGIONAL SIGNIFICANCE OF THE SOUTH CHINA SEA IN THE CONTEXT OF THE CHANGING INTERNATIONAL ENVIRONMENTI. GLOBAL SIGNIFICANCE OF THE SOUTH CHINA SEA IN THE CONTEXT OF THE CHANGING INTERNATIONAL ENVIRONMENT

III. RECENT DEVELOPMENTS IN THE SOUTH CHINA SEA - IMPLICATIONS FOR PEACE, STABILITY AND COOPERATION IN THE REGION

IV. FRAMEWORK FOR COOPERATION IN THE SOUTH CHINA SEA

V. COOPERATION IN THE SOUTH CHINA SEA: EXPERIENCES AND PROSPECTS

Whither the South China Sea disputes? by Mark J. Valencia

The political environment in the South China Sea seems to have come a long way from the 1980’s and 1990’s when it was a locus of confrontation and conflict.  Indeed, the China-Vietnam clash of 1988 in which about 70 Vietnamese died, and China’s 1995 occupation and building of structures on the Philippines-claimed Mischief Reef seem like relics of a previous era.  Conflict has given way to co-operation in which China, Vietnam and the Philippines have undertaken co-operative seismic surveys in an agreed area.  But are these advances fundamental and durable – or fragile and temporary?  This brief examines recent developments in this context and suggests steps forward.[1]