A Plan to Save the South China Sea from Disaster

A Plan to Save the South China Sea from Disaster

06/30/14

Stewart Taggart

South China Sea, ASEAN

Editor's Note: The image above depicts possible joint development areas in the South China Sea that could be created to which an open-access, common carrier energy infrastructure could be added. Such joint development and collective infrastructure could reduce or solve territorial tensions. 

Arbitration, joint development, coordinated investment, shared infrastructure.  The plan above could offer an “everybody wins,” face-saving solution to the increasingly dicey situation in the South China Sea. None of the points are novel. All are on the table or represent logical extensions to existing initiatives. 

Arbitration 

The Philippines has appealed to the Permanent Court of Arbitration established under the United Nations Conference on the Law of the Sea over China’s claim to waters near the Philippines.  Vietnam is likely to follow suit. This, after China placed a deep-sea oil exploration rig—accompanied by a protective flotilla—in waters claimed by Vietnam.  China has refused to respond to the Philippines’ UNCLOS appeal, claiming the arbitration court lacks jurisdiction. China’s certain to take the same stance with Vietnam.

While the jurisdiction of UNCLOS in the particulars of the Philippine-Chinese, Vietnam-Chinese cases is arguable, international arbitration still looks like the best bet on a menu of second-bests. Given this, the Philippines and Vietnam should continue to multilaterize the South China Sea issue. This draws uncomfortable attention to China, which could encourage China to moderate her unilateral assertiveness pending better solutions. 

Joint Development Areas

A second track—China’s favored track—should also be pursued: bilateral negotiation. China, Vietnam and the Philippines all have voiced qualified support for Joint Development Areas (JDAs) in the South China Sea. JDAs therefore, could provide the most promising medium-term avenue for avoiding escalating incidents that could lead to war.  

Read full articlehttp://nationalinterest.org/blog/the-buzz/plan-save-the-south-china-sea-disaster-10779