Gridlock in Global Ocean Governance: Diverging National Interests in the South China Sea
DOI:
https://doi.org/10.15367/pj.v5i2.203Abstract
With the ratification of the United Nations Convention on the Law of the Sea (UNCLOS) in 1994, it was intended to serve as a means of universal ocean governance in resolving international maritime disputes. However, the failure to resolve the ongoing South China Sea Dispute, between the neighboring countries of China, Taiwan, Vietnam, Malaysia, Indonesia, Brunei, and the Philippines, has revealed regulatory gaps on the part of global ocean governance. This paper identifies the origins of gridlock in global ocean governance by identifying the diverging national interests of the actors involved in the South China Sea dispute that hinder cooperation in the region. Furthermore, this paper will show how the legacy of UNCLOS has stifled its own ability to mediate this contemporary conflict. In conclusion, this paper asserts that the key to resolving the South China Sea dispute is through multilateral natural resource extraction between the actors involved in the conflict, aided by the legal and diplomatic support of UNCLOS.
References
Ba, Alice D. 2011. “Staking Claims and Making Waves in the South China Sea: How Troubled Are the Waters?” Contemporary Southeast Asia33(3): 269–91.
Beckman, Robert. 2013. “The UN Convention on the Law of the Sea and the Maritime Disputes in the South China Sea.” American Journal of International Law107(1): 142–63.
Buszynski, Leszek, and Iskandar Sazlan. 2007. “Maritime Claims and Energy Cooperation in the South China Sea.” Contemporary Southeast Asia29(1): 143–71.
Chinese Foreign Ministry. 2014. Note Verbale from the Permanent Mission of the People's Republic of China to the UN Secretary-General Note Verbale from the Permanent Mission of the People's Republic of China to the UN Secretary-General. New York City, NY: United Nations.
Fravel, M Taylor. 2011. “China's Strategy in the South China Sea.” Contemporary Southeast Asia33(3): 292–319.
Gao, Zhiguo, and Bing Bing Jia. 2013. “The Nine-Dash Line in the South China Sea: History, Status, and Implications.” American Journal of International Law107(1): 98–123.
Hale, Thomas, David Held, and Kevin Young. 2014. Gridlock: Why Global Cooperation Is Failing When We Need It Most. Cambridge: Polity.
Jessup, Phillip C. 1959. “The United Nations Conference on the Law of the Sea.” Columbia Law Review59(2): 234–68.
Joyner, Christopher C. 1998. “The Spratly Islands Dispute: Rethinking the Interplay of Law, Diplomacy, and Geo-Politics in the South China Sea.” The International Journal of Marine and Coastal Law13(2): 193–236.
Keyuan, Zou. 1999. “The Chinese Traditional Maritime Boundary Line in the South China Sea and Its Legal I Consequences for the Resolution of the Dispute over the Spratly Islands.” The International Journal of Marine and Coastal Law14(1): 27–55.
Mansfield, Becky. 2004. “Neoliberalism in the Oceans: ‘Rationalization,’ Property Rights, and the Commons Question.” Geoforum35(3): 313–26.
Patrick, Stewart. 2014. “The Unruled World: The Case for Good Enough Global Governance.” Foreign Affairs93(1): 58–73.
Smith, Robert W. 2010. “Maritime Delimitation in the South China Sea: Potentiality and Challenges.” Ocean Development & International Law41(3): 214–36.
United Nations Office of Legal Affairs. 2012. “Overview - Convention & Related Agreements.” United Nations.
Downloads
Published
How to Cite
Issue
Section
License
All works are the property of their respective authors, but by submitting a paper to Perceptions, the Temple Undergraduate History and Social Sciences Association has permission to publish and make available the work in question.
