The CSS Blog Network

Judgement Day: The South China Sea Tribunal Issues its Ruling

Red Dragon

Red, ornamental dragon, courtesy rumpleteaser/flickr

This issue of the PacNet was published by the Pacific Forum CSIS on 12 July 2016. The article first appeared in the CSIS Asia Maritime Transparency Initiative Brief

Today an arbitral tribunal at the Permanent Court of Arbitration in The Hague issued a long-awaited ruling in Manila’s case against Beijing’s claims in the South China Sea. The five-judge tribunal was established under the compulsory dispute settlement provisions of the United Nations Convention on the Law of the Sea (UNCLOS), and despite China’s refusal to participate in the proceedings, its ruling is final and legally binding. For a closer look at the tribunal’s ruling and the areas it leaves legally disputed in the South China Sea, visit the Asia Maritime Transparency Initiative’s new interactive map.

Q1: What did the tribunal rule?

The judges issued a unanimous decision in favor of the Philippines on the overwhelming majority of the claims it made against China. They invalidated Beijing’s claims to ill-defined historic rights throughout the nine-dash line, finding that any claims it makes in the South China Sea must be made based on maritime entitlements from land features. The tribunal ruled that any other historic rights China might once have claimed in what are now the exclusive economic zones (EEZ) or continental shelves of other countries were invalidated by its ratification of UNCLOS. On the question of specific maritime entitlements over disputed features, the court found that Scarborough Shoal is a rock entitled only to a 12-nautical-mile territorial sea. The judges cannot rule on sovereignty over that shoal, but ruled that China has violated the traditional fishing rights of Filipinos by not allowing them to fish at the shoal. Notably the tribunal said it would have found the same regarding Chinese fishermen if they were prevented access to the shoal by the Philippines.

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Australia’s 2016 Defence White Paper: ASEAN and the South China Sea

NUSHIP Canberra porting in Sydney, Courtesy of Crouchy69/Flickr.

This article was originally published by RSIS on 8 March 2016.

Synopsis

Australia’s 2016 Defence White Paper may indicate a future strategic policy of reactionary assertiveness with significant consequences for Southeast Asia’s security, especially in the South China Sea.

Commentary

DESCRIBED AS ‘clear eyed and unsentimental’ by Prime Minister Malcolm Turnbull, Australia’s 2016 Defence White Paper (DWP) reaffirms Australia’s strategic attention towards maritime Southeast Asia. While the 2009 and 2013 DWPs also had this focus, the 2016 DWP bluntly expresses Australia’s concerns over this area.

In the 190-page long document, Canberra pledges to increase capital investment in defence capabilities from the current AUD 9.4 billion to AUD 23 billion in 2025-26, mostly in the maritime domain. The concern is less what Australia will do with this investment than the consequences it will potentially bring to Southeast Asia, and its ASEAN grouping, in light of Australia’s reactionary assertiveness against China’s maritime ambitions in the South China Sea.

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Beyond Piracy: What Next for African Maritime Security?

A Royal Navy Merlin Helicopter Provides Cover for Royal Marines

This article was originally published by the Institute for Security Studies (ISS Africa) on 8 February 2016.

Last year saw an almost total absence of reports of piracy and armed robbery at sea in the western Indian Ocean and off the coast of Somalia. This is the laudable outcome of concerted international and regional counter-piracy efforts.

Since 2012, there has been an annual decline in the total number of reported attempted and actual attacks in the region. The decline has led to calls for reforms to four key international counter-piracy institutions in the new ‘post-piracy’ environment.

These reforms are important, but will not provide lasting solutions if African maritime, economic and developmental interests are neglected.

It will therefore be vital that local stakeholders, such as the African Union (AU) and the Intergovernmental Authority on Development (IGAD), drive new developments.

The drop in piracy figures means that many counter-piracy institutions and mechanisms are now seen as costly, inconvenient, cumbersome and unjustified. In their present configuration, many of these measures also seem inadequate. New maritime security tasks entail more than simply keeping piracy suppressed, but are also about simultaneously building blue economies and conducting peacebuilding in Somalia.

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The US Coast Guard’s Western Hemisphere Strategy

US Coast Guard machine gun boat near Puerto Rico. Image: Shannon Okey/Flickr

This article was originally published by E-International Relations on 5 March, 2015.

On September 2014, the United States Coast Guard (USCG) published its Western Hemisphere Strategy (WHS), a document explaining the vision, objectives, priorities, and initiatives that the USCG plans to take in the immediate future, in order to protect the US and support regional partners in the Western Hemisphere, notably in the Greater Caribbean. The WHS is an important document that requires in-depth research, since the USCG is greatly involved in the day-to-day counter-narcotic operations taking place in the Greater Caribbean. In this analysis, we aim to discuss the Western Hemisphere Strategy, primarily focusing on the USCG’s current and future security-related operations.  » More

From Maritime Security to European Seapower

The Royal Navy’s HMS Diamond conducts an exercise with French Navy. Image: LA(Phot) Weatherston/Flickr

This article was originally published by European Geostrategy on 3 December, 2014. Republished with permission.

Maritime security is the new buzz-phrase in Brussels policy circles. 2014 has witnessed the publication of the EU’s first maritime security strategy. This strategy is premised upon the assumption that maritime security is a comprehensive business that covers a wide range of issues, from harbour safety, biodiversity conservation and the control of illegal fishing, through to piracy, all the way up to the support of crisis management operations. This emphasis on comprehensiveness is hardly surprising. The comprehensive approach is part of the European Union’s (EU) DNA, and it permeates through pretty much every instance of the newly adopted maritime security strategy. » More

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