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Traditional Fishing Grounds and China’s Historic Rights Claims in the South China Sea

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In the past four months, three confrontations have occurred between China and Indonesia over the presence of Chinese fishing vessels in waters near Indonesia’s Natuna Islands. By compelling Jakarta to adopt a more active approach to defending its waters from Chinese encroachment, these incidents may transform the dynamics of the South China Sea disputes. Equally importantly, however, statements by China’s Ministry of Foreign Affairs (MFA) regarding these incidents provide clues about the content of China’s maritime claims in the South China Sea. Specifically, China appears to be moving toward justifying some of its claims in terms of historic rights, not… Read More »Traditional Fishing Grounds and China’s Historic Rights Claims in the South China Sea

Asia Policy Roundtable: India and China at Sea

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The July 2016 issue of Asia Policy, a peer-reviewed and policy-relevant academic journal published by the National Bureau of Asian Research, features a roundtable on “India and China at Sea: A Contest of Status and Legitimacy in the Indian Ocean.” David Brewster, You Ji, Zhu Li, Pramit Pal Chaudhuri, Abhijit Singh, Raja Menon, Darshana M. Baruah, John W. Garver, and Rory Medcalf contributed to the conversation on these two critical naval powers’ interests and roles. India and China at Sea: A Contest of Status and Legitimacy in the Indian Ocean David Brewster China’s Emerging Indo-Pacific Naval Strategy You Ji The Maritime Silk Road… Read More »Asia Policy Roundtable: India and China at Sea

Vietnam Benefits from the South China Sea Arbitration

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Although Vietnam did not intercede in the July 12 Philippines-China arbitration, nonetheless it now finds itself on the right side of the facts and the law in its disputes with China over maritime rights in the South China Sea. The disputes in the South China Sea concern two sets of issues. The tribunal did not have legal competence to decide the first set, which covers questions of ownership over the islands that dot the seascape. These include the Paracel Islands, occupied by China, but claimed by Vietnam, as well as the Spratly Islands that were the subject of the arbitration.… Read More »Vietnam Benefits from the South China Sea Arbitration

The Award Decision in the Philippines-China Arbitration Case: A Perspective from Malaysia

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In the last decade, many countries in Southeast Asia have formulated new policies in response to the changing strategic environment shaped by the balance of power in the Asia-Pacific, including in the South China Sea. In particular, the final award in the arbitration proceedings in The Hague on July 12, 2016, marked a historical event that has new and major implications for the Asia-Pacific. Despite the importance of the recent ruling, however, Malaysia’s approach to the South China Sea dispute, as outlined below, has remained constant. As a pivotal, nonaligned country in the Association of Southeast Asian Nations (ASEAN) with… Read More »The Award Decision in the Philippines-China Arbitration Case: A Perspective from Malaysia

The Implications of China’s Seizure of a U.S. Navy Drone

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On December 15, the latest incident between the United States and China in the South China Sea occurred. This episode involved China’s seizure of an unmanned underwater vehicle (UUV) operated by a U.S. naval auxiliary ship, the USNS Bowditch. The UUV, a glider that is part of the Littoral Battlespace Sensing system, was being used to collect oceanographic data, such as water temperature and salinity. The incident occurred as the Bowditch was about to recover the drone. Instead, a Dalang III–class Chinese naval submarine salvage and rescue ship, the ASR-510, launched a small craft and seized the drone. China returned… Read More »The Implications of China’s Seizure of a U.S. Navy Drone

A Code of Conduct for the South China Sea: Effective Tool or Temporary Solution?

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Until 2013, the conflict in the South China Sea had been managed mainly through implementation of the 2002 ASEAN-China Declaration on the Conduct of Parties in the South China Sea (DoC). The DoC requires the parties to exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability in this area. At the 9th ASEAN-China Joint Working Group meeting in Suzhou, Jiangsu Province, in September 2013, both sides agreed to give new impetus to the negotiation of a code of conduct (CoC) for the South China Sea. Since then, the massive land reclamation… Read More »A Code of Conduct for the South China Sea: Effective Tool or Temporary Solution?

Diverging Paths? Singapore-China Relations and the East Asian Maritime Domain

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Singapore and China are experiencing an unprecedented period of friction in their usually calm bilateral relations. Much of the divergence is over issues relating to the South China Sea, despite the fact that Singapore is not party to the sovereignty disputes. In particular, the two sides differ in their interpretations of the United Nations Convention on the Law of the Sea (UNCLOS) and over regarding China’s reclamation of features in the South China Sea. Behind these differences lie divergent perspectives on the existing international order, international law, the management of maritime issues, and Singapore’s strategic partnership with the United States.… Read More »Diverging Paths? Singapore-China Relations and the East Asian Maritime Domain

Anatomy of the Code of Conduct Framework for the South China Sea

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In Manila on August 6, 2017, the foreign ministers of the Association of Southeast Asian Nations (ASEAN) and China endorsed a framework for a code of conduct in the South China Sea (CoC). The framework had earlier been approved by senior officials from ASEAN and China at a meeting in Guiyang, China, on May 19. Statements by the two sides were broadly welcoming of the framework. In their joint communiqué—which was delayed for nearly 24 hours due to differences between some member states on how the South China Sea dispute should be characterized—the ASEAN foreign ministers said they were “encouraged”… Read More »Anatomy of the Code of Conduct Framework for the South China Sea

Perspectives on the South China Sea Dispute in 2018

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In 2017, China strengthened its position in the South China Sea dispute in at least five ways. First, it expanded its construction activities on Fiery Cross, Subi, and Mischief Reefs in the Spratly Islands and on North, Tree, and Triton Islands in the Paracel Islands. Since 2014, China has added a total of 290,000 square meters, or 72 acres, of new landmass. The expansion of artificial islands has reinforced its overall ability to control the South China Sea—for example, by allowing for the deployment of fighter jets in the region. For this reason, Xi Jinping praised this achievement as a… Read More »Perspectives on the South China Sea Dispute in 2018

Chinese icebreaker, Xuelong

China’s New Arctic Policy: Legal Questions and Practical Challenges

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This article expands on the discussion of shipping-related issues in a report by the Institute for China-America Studies, “China’s Interests in the Arctic: Opportunities and Challenges” (March 2018). China issued its first official Arctic policy in a white paper published on January 26, 2018. The Chinese media and academics were truly thrilled—both by the content of the policy and by the fact that it had been formalized and published—and reacted immediately with overwhelmingly positive reporting and analysis. Meanwhile, the international community, especially the Arctic states, quickly added their views on the white paper. Of the Arctic five (the five states… Read More »China’s New Arctic Policy: Legal Questions and Practical Challenges