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South-China-Sea

The Role of History and Law in the South China Sea and Arctic Ocean

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The law of the sea regime is in the early phases of a significant shift and subject to increased tension in its central normative structure. This has been the case many times historically, with each phase of the law moving in a path-dependent fashion through different international political environments. Though the law of the sea today has greater impact and causal effect on strategically driven state conduct than at any other point in history, evidence for this emerging change in the maritime legal regime is materializing in several key domains. Major states are now grappling with how to reason with,… Read More »The Role of History and Law in the South China Sea and Arctic Ocean

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

Japan-Malaysia Cooperation in the New Security Landscape of the Indo-Pacific

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The year 2017 marks the 60th anniversary of the establishment of diplomatic relations between Malaysia and Japan. Relations between the two countries have remained robust since Malaysia’s adoption of its “Look East policy” in the 1980s, which has sent thousands of Malaysian students to receive education and training in Japan. In addition, Japan has contributed to safety of navigation initiatives in the Strait of Malacca since the early 1970s and participated in regional and international efforts to combat piracy and armed robberies at sea. Japan has also been keen on promoting cooperation in other areas such as maritime security, peacekeeping,… Read More »Japan-Malaysia Cooperation in the New Security Landscape of the Indo-Pacific

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

Taiwan’s Policy Evolution after the South China Sea Arbitration

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On July 12, 2016, an arbitral panel constituted under the United Nations Convention on the Law of the Sea (UNCLOS) delivered its merits and award in the case brought by the Philippines against China over disputed territory in the South China Sea. In response to the decision, Taiwan’s government stated, “We absolutely will not accept the tribunal’s decision and we maintain that the ruling is not legally binding on the ROC [Republic of China].” Despite this initial rejection of the ruling, President Tsai Ing-wen approved a new South China Sea policy that does not directly challenge the arbitration decision. This… Read More »Taiwan’s Policy Evolution after the South China Sea Arbitration