Analyzing the South China Sea Disputes from the Perspective of International Law: The Case Studies of the Spratly and Paracel Islands

Abstract

The territorial disputes over the contested islands in the South China Sea (SCS) have been a regular occurrence in the region for some time now. It has recently gained much attention in the international community because of the major impact on the bilateral relationships of SCS disputes claimants and the brewing potential for war that could destabilize the Asian region. The SCS possesses rich natural resources and for this reason, it is important for the geo-strategic interests of countries that share these territorial waters and its associated natural resources features. China has been more assertive in the SCS contested islands which has escalated tensions and made the SCS waters a hotspot for potential conflict between states that are claiming these contested islands. It has since disturbed the international trade in the SCS region. The territorial disputes of the SCS waters stems from different grounds with certain states basing their claims on history while others base their claim on the application of international law on contested waters. Tensions in the SCS have been escalated since the 9-dash line map of 1952 produced by China, which in a nutshell afforded China all rights on the contested islands basing their claim on historical evidence which other claimants reject. To this end, the other claimants have called on the Association of Southeast Asian Nations (ASEAN), to solve this dispute through an adoption of a code of conduct that would be applied to the SCS waters. However, the code of conduct has not afforded the claimants any relief to their grievances thus far. This thesis is aimed at analyzing the SCS Disputes from the perspective of international law by specifically focusing on both the Paracel and the Spratly islands. The objective of the study is to use the three theories of international relations namely, Realism, Liberalism and Constructivism theory in order to answer the main research questions that relates to both China’s claim and the application of International Law on the SCS. The thesis examines the role of both ASEAN and non-claimant states in conflict resolution efforts in the SCS disputes; existing security architecture; and the joint efforts of all the parties that are involved in working with China and other claimants with the vison of bringing about a viable code of conduct that will be binding on all parties that are involved in the SCS Disputes. 4 The thesis concludes by stipulating that although the SCS disputes cannot be resolved overnight, China has a critical role to play and should cooperate with ASEAN Member States in ensuring that the ongoing conflict is effectively managed through negotiations, diplomacy as well as through bilateral and multilateral forums. Since there is unity amongst ASEAN member states cooperation with China is necessary specifically for fostering a long term solution that would be accommodative of all ASEAN member states interests in the SCS waters.