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Provisional Arrangements Pending Maritime Delimitation in the South China Sea: Practices and Prospects

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As an extremely delicate and sensitive matter, it is unrealistic to expect the eventual resolution of maritime delimitation disputes in the South China Sea (SCS) in the immediate future. To manage the disputes and utilize the disputed maritime area, the claimants in this region have made continued efforts to conclude provisional arrangements. Due to the lack of consensus on the precise disputed zones and the low political will to make concessions, the existing arrangements have several drawbacks. To break the stalemate, a set of approaches are indispensable. A reasonable rst step might be to develop provisional arrangements in less disputed maritime areas, especially those areas involving only two states. For areas with multiple claims or where the claimants have low political will to cooperate, it is advisable to start with developing arrangements on issues with common interests and easy to implement. For higher sensitive issues, track two connections might be employed at rst, so as to pave the way for future ofcial cooperation.

Abstract

As an extremely delicate and sensitive matter, it is unrealistic to expect the eventual resolution of maritime delimitation disputes in the South China Sea (SCS) in the immediate future. To manage the disputes and utilize the disputed maritime area, the claimants in this region have made continued efforts to conclude provisional arrangements. Due to the lack of consensus on the precise disputed zones and the low political will to make concessions, the existing arrangements have several drawbacks. To break the stalemate, a set of approaches are indispensable. A reasonable rst step might be to develop provisional arrangements in less disputed maritime areas, especially those areas involving only two states. For areas with multiple claims or where the claimants have low political will to cooperate, it is advisable to start with developing arrangements on issues with common interests and easy to implement. For higher sensitive issues, track two connections might be employed at rst, so as to pave the way for future ofcial cooperation.

참고문헌 (69)

  1. Zou Keyuan, "Singapore Year Book of International Law", pp.85~86 (2007), National University of Singapore Faculty of Law
  2. Nguyen Dang Thang, "Fisheries Co-operation in the South China Sea and the (Ir)relevance of the Sovereignty Question", Asian Journal of International Law, 2(1), pp.59~ (2012)
  3. "Joint submission by Malaysia and Socialist Republic of Vietnam to the Commission on the Limits of the Continental Shelf made on May 6, 2009"[URL]
  4. Rainer Lagoni, "Interim Measures Pending Maritime Delimitation Agreements", American Journal of International Law, 78(2), pp.347~ (1984)
  5. Chao Wang, "International Arbitration of Maritime Delimitation: An Alternative for East Asia?", Journal of East Asia and International Law, 7(2), pp.427~441 (2014), (사) 이준국제법연구원
  6. Mingjiang Li, "Reconciling Assertiveness and Cooperation? China’s Changing Approach to the South China Sea Dispute", Security Challenges, 6(2), pp.67~ (2010)
  7. Report on the Obligations of States under Articles 74(3) and 83(3) of UNCLOS in Respect of Undelimited Maritime Areas, "British Institute of International and Comparative Law", British Institute of International and Comparative Law, 13~35 (2016)
  8. Masahiro Miyoshi, "The Joint Development of Offshore Oil and Gas in Relation to Maritime Boundary Delimitation", Maritime Briefing, 2(5), pp.39~ (1999)
  9. "Set Aside Dispute and Pursue Joint Development"[URL]
  10. Sun Pyo Kim, "Maritime Delimitation and Interim Arrangements in North East Asia", pp.46~47 (2004), Martinus Nijhoff Publishers
  11. Ramses Amer, "Dispute Management in the South China Sea", NISCSS Report, (1), pp.12~15 (2015)
  12. Zou Keyuan, "Recent Developments in the Law of the Sea and China", pp.2005~ (2005), Martinus Nijhoff Publishers
  13. Wu Shicun, "Joint Development’: An Ad Hoc Solution to the South China Sea Dispute", China Ocean Law Review, pp.3~ (2007)
  14. Micah S. Muscolino, "Past and Present Resource Disputes in the South China Sea: The Case of Reed Bank", Cross-Currents, (8), pp.80~106 (2013), 민족문화연구원
  15. Reinhard Drifte, "Japan’s Policy towards the South China Sea: Applying “Proactive Peace Diplomacy”?", pp.10~ (2016), Peace Research Institute Frankfurt
  16. "China Sea Oil and Gas Resources" (2015)[URL]
  17. Haiwen Zhang, "The South China Sea Arbitration: A Chinese Perspective", pp.144~ (2014), Hart Publishing
  18. "Crisis Group Interview", ~ (2014)
  19. "Stirring up the South China Sea (IV): Oil in Troubled Waters, Asia Report" (2016)[URL]
  20. "South China Sea: How We Got to This Stage" (2016)[URL]
  21. Guifang Xue, "Deep Danger: Intensified Competition in the South China Sea and Implications for China", Ocean and Coastal Law Journal, 17(2), pp.320~ (2012)
  22. "China’s 2017 Fishing Ban a Threat to Maritime Rule-based Order" (2017)[URL]
  23. John W. McManus, "Offshore Coral Reef Damage, Overfishing, and Paths to Peace in the South China Sea", The International Journal of Marine and Coastal Law, 32(2), pp.207~ (2017)
  24. China Institute for Marine Affairs, "China’s Ocean Development Report (2012)", pp.71~ (2012), Ocean Press
  25. "Vietnam Demands Unconditional Release of Fishermen Held by China" (2010)[URL]
  26. Katherine Morton, "China’s Ambition in the South China Sea: Is a Legitimate Maritime Order Possible?", International Affairs, 92(4), pp.925~ (2016)
  27. Peter Dutton, "Three Disputes and Three Objective", Naval War College Review, 64(4), pp.64~ (2011)
  28. Henry A. Kissinger, "The Future of U.S.–Chinese Relations: Conflict is a Choice, Not a Necessity", Foreign Affairs, 91(2), pp.44~ (2012)
  29. Quan Ye, "The Application of Provisional Arrangements Prior to Maritime Delimitation in the South China Sea", Southeast Asian Affairs, 41(4), pp.20~21 (2014)
  30. Stephen Wakefield Smith, "ASEAN, China and the South China Sea: Between a Rock and a Low-Tide Elevation", U.S.F. Maritime Law Journal, 29(1), pp.36~ (2016)
  31. Munmun Majumdar, "The ASEAN Way of Conflict Management in the South China Sea", Strategic Analysis, 39(1), pp.82~ (2015)
  32. Ian Storey, "Assessing the ASEAN–China Framework for the Code of Conduct for the South China Sea", ISEAS Perspective, (62), pp.5~ (2017)
  33. Lalita Boonpriwan, "The South China Sea Dispute: Evolution, Conflict Management and Resolution", paper for ICIRD 2012 conference (2012)
  34. Scott Snyder, "Confidence Building Measures in the South China Sea", Pacific Forum CSIS (2001)
  35. Fox Hazel, "Joint Development of Offshore Oil and Gas, vol. 2", pp.6~ (1990), British Institute of International and Comparative Law
  36. Clive Schofield, "Recent Development in the South China Sea Dispute: The Prospect of a Joint Development Regime", pp.78~ (2014), Routledge
  37. Yen Hoang Tran, "The South China Sea Arbitral Award: Legal Implications for Fisheries Management and Cooperation in the South China Sea", Cambridge International Law Journal, 6(1), pp.90~ (2017)
  38. Xiangqian Gong, "Recent Developments in China’s Policy over the South China Sea Disputes", Journal of East Asia and International Law, 6(1), pp.266~ (2013)
  39. Zhiguo Gao, "The Nine-dash Line in the South China Sea: History, Status, and Implications", American Journal of International Law, 107(1), pp.123~ (2013)
  40. Chinese Society of International Law, "The South China Sea Arbitration Awards: A Critical Study", Chinese Journal of International Law, 17(2), pp.520~552 (2018)
  41. Charles Liu, "Chinese Sovereignty and Joint Development: A Pragmatic Solution to the Spratly Islands Dispute", Loyola of Los Angeles International and Comparative Law Review, 18(4), pp.887~ (1996)
  42. Zou Keyuan, "Joint Development in the South China Sea: A New Approach", The International Journal of Marine and Coastal Law, 21(1), pp.99~ (2006)
  43. Li Zhao, "The United States–China–ASEAN: Potential Triggers of Conflict in the South China Sea and a Prototype of American Diplomacy", Asia Program Congressional Briefing Series (1998)
  44. "Joint Statement of the People’s Republic of China and the Republic of the Philippines" (2016)[URL]
  45. Sam Bateman, "Building Cooperation for Managing the South China Sea without Strategic Trust", Asia and the Pacific Policy Studies, 4(2), pp.256~ (2017)
  46. Yücel Acer, "A Proposal for a Joint Maritime Development Regime in the Aegean Sea", Journal of Maritime Law and Commerce, 37(1), pp.61~ (2006)
  47. Yann-huei Song, "The Impact of the Law of the Sea Convention on Conflict Management in the South China Sea", Ocean Development & International Law, 44(3), pp.260~ (2013)
  48. Mark J. Valencia, "Southeast Asian Seas: Joint Development of Hydrocarbons in Overlapping Claim Areas?", Ocean Development & International Law, 16(3), pp.219~ (1986)
  49. Nien-Tsu Alfred Hu, "Semi-enclosed Troubled Waters: A New Thinking on the Application of the 1982 UNCLOS Article 123 to the South China Sea", Ocean Development & International Law, 41(3), pp.307~ (2010)
  50. Robert W. Smith, "Maritime Delimitation in the South China Sea: Potentiality and Challenges", Ocean Development & International Law, 41(3), pp.228~ (2010)
  51. "A Blueprint for a South China Sea Code of Conduct" (2018)[URL]
  52. Arif Havas Oegroseno, "State Practices in Southeast Asia: Possible Collaboration among Claimants in the South China Sea Dispute", The International Journal of Marine and Coastal Law, 32(2), pp.369~ (2017)
  53. Recent Developments in the South China Sea and Prospects for Joint Development, "Ana Placida D. Espina", RCAPS, ~ (2012)
  54. Yusuf Mohammad Yusuf, "International Energy Law Review", pp.135~ (2009)
  55. Gao Jianjun, "Joint Development in East China Sea: Not an Easier Challenge than Delimitation", The International Journal of Marine and Costal Law, 23(1), pp.41~ (2008)
  56. Lye Liang Fook, "The China–Philippine Bilateral Consultative Mechanism on the South China Sea: Prospects and Challenges", ISEAS Perspective, (14), pp.3~ (2018)
  57. Chijioke S. Ugwuanyi, "Does the Use of Joint Development Agreements Bar International Maritime Boundaries Delimitation", Dublin Legal Review, 11(1), pp.32~33 (2011)
  58. Simon Funge-Smith, "Regional Overview of Fisheries and Aquaculture in Asia and the Pacific 2012", pp.15~18 (2012), RAP Publication
  59. Robert Beckman, "Sustainable Development and the Law of the Sea", pp.157~ (2016), Brill-Nijhoff
  60. Hai Dang Vu, "A Bilateral Network of Marine Protected Areas Between Vietnam and China:An Alternative to the Chinese Unilateral Fishing Ban in the South China Sea?", Ocean Development & International Law, 44(2), pp.153~ (2013)
  61. Hasjim Djalal, "Maritime Regime Building", pp.90~ (2001), Kluwer Law International
  62. Wang Kuan-Hsiung, "Bridge Over Troubled Waters: Fisheries Cooperation as a Resolution to the South China Sea Conflicts", The Pacific Review, 14(4), pp.542~543 (2001)
  63. M. Taylor Fravel, "China’s Strategy in the South China Sea", Contemporary Southeast Asia, 33(3), pp.311~ (2011)
  64. Hazel Fox, "Joint Development of Offshore Oil and Gas: A Model Agreement for States and Joint Development with Explanatory Commentary, vol. 1" (1989), British Institute of International and Comparative Law
  65. Shih-Ming Kao, "Regional Cooperation in the South China Sea: Analysis of Existing Practices and Prospects", Ocean Development & International Law, 43(3), pp.285~ (2012)
  66. Kenneth W. Abbott, "Hard and Soft Law in International Governance", International Organization, 54(3), pp.423~ (2000)
  67. "Handle the South China Sea Issue through the ‘Dual-Track’ Approach"[URL]
  68. Leszek Buszynski, "Rising Tensions in the South China Sea: Prospects for a Resolution of the Issue", Security Challenges, 6(2), pp.98~ (2010)
  69. James Kraska, "Maritime Confidence-building Measures for Navigation in the South China Sea", The International Journal of Marine and Coastal Law, 32(2), pp.4~ (2017)

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