The South China Sea disputes: what is the role and relevance of international law of the sea?

Abstract

The South China Sea is approximately 550-650 nautical miles in width, and more than 1200 nm in length. For the territories which surround it-the People's Republic of China, Macao, Hong Kong, the Republic of China (i.e., Taiwan), the Philippines, Malaysia, Brunei Darussalam, Indonesia, Singapore, Thailand, Cambodia, and Vietnam-"its waters represent a zone of rich hydrocarbon and protein resources that are increasingly dear on land as populations exhaust their territories' ability to meet their increasing needs." Moreover, these waters represent a key commercial shipping route that links northeast Asia and the Indian Ocean, which gives them a global significance. At the same time, the South China Sea has long been recognised as one of the riskiest areas of the world: A potential flashpoint of territorial disputes and resource competition which could provide the spark for a regional war that in turn draws in powerful external actors, too.? These fears have only heightened as a revitalised China's power and confidence has grown-and along with it the rivalry with the United States. Perhaps the most ominous of all possible outcomes would be if the US was drawn into a war with the PRC, with the disputes re: Taiwan and the Senkaku/Diaoyu Islands the most likely avenues to a superpower conflict, which would in turn have potentially huge implications for the entire planet. Even if the most apocalyptic predictions of conflict between nuclear powers are not realised, the disputes in the South China Sea may still result in localised wars that too would have significant ripple effects, given the importance of the natural resources and commercial shipping lanes that are found in this region. The breakdown of state relations in the South China Sea has additional negative implications, too. Research, for example, has found an association between increased disputes and increased piracy. For these and other reasons, all humanity has a major stake in the disputes in the South China Sea finding peaceful settlement; as when diplomacy fails, war results.

The introduction of the Arbitration Act 1996 was a significant moment in the history of English law. The Act has been spoken of a "striking innovation," which helped to craft "an accessible and almost complete code of conduct," by "embodying a consistent vision of the arbitral process" that at the same time allowed "unprecedented informality and flexibility!" The AA seeks to outline mechanisms for the resolution of commercial disputes speedily, fairly, and inexpensively, through a process where each side is afforded the opportunity to put their case before an arbitral tribunal that is constituted in accordance with their stated wishes.