Mô tả
Gillian Triggs, Sydney Law School,The University of Sydney.International law has developed a consistent jurisprudence applicable to contested territorial and maritime claims in the South China Sea. Scholarly and forensic investigations into the validity of national assertions of sovereignty can provide a foundation for legal analysis and judicial delimitation of these claims. However, research and diplomatic negotiations have thus far proved fruitless in resolving the several disputes in the South China Sea. As the respective claimants in the region become increasingly concerned to ensure their future energy security they may be even less inclined to compromise their sovereignty claims to potentially rich off shore petroleum resources. In the absence of international judicial or arbitral determination of these disputes, some form of joint collaboration may provide the most viable means of gaining access to the resources, albeit on a shared basis. Tentative efforts over the last few years to achieve regional cooperation in other matters of concern such as management of the marine environment, terrorism, piracy, and refugees may build confidence to resolve the more complex problem of sovereignty and maritime boundaries. The need for secure access to oil and gas resources may speed this process.
