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Jon Van Dyke, Regional Cooperation in the South China Sea

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The South China Sea is a semi-enclosed sea governed by Part IX of the Law of the Sea Convention, which says in Article 123 that countries bordering such seas “should co-operate with each other in the exercise of their rights and the performance of their duties under this Convention”  More specifically, they are instructed to “endeavor, directly or through an appropriate regional organization (a) to co-ordinate the management, conservation, exploration, and exploitation of the living resources of the sea” and also to co-ordinate their activities “with respect to the protection and preservation of the marine environment.”  The countries bordering on the South China Sea have failed to create an effective regional organization, and their cooperation “directly” has been generally unsuccessful as well.  The Coordinating Body on the Seas of East Asia (COBSEA) has been mostly dysfunctional and the Partnerships in Environmental Management for the Seas of East Asia (PEMSEA) has been modest in its accomplishments.  No effective organization to manage the shared fisheries has been established. 
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02-02-2012
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