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Forum:
General Assembly First Commission
Issue:
The question of territorial disputes in the South China Sea
Student Officer: Yoonho Cha
Position:
Deputy Chair
Introduction
In 1928, an international agreement named the Kellogg-Briand Pact proposed a novel concept of
the “new world order” where signatories vowed never to use means of physical confrontation to resolve
“disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among
them”. Some prominent nations that have recognized this treaty are France, the United States of
America, and the People’s Republic of China. It is imperative that the international community is made
aware of this significant treaty as nowadays, the principles of the treaty are largely ignored under the
pretext of the freedom of self-defense or collective defense.
Territorial disputes over certain hotspots occur for several reasons, namely, to secure economic
resources and development in order to compete with other nations in the modern age. Before the United
Nations (UN) and the concept of diplomacy were promoted across the world, countries would proceed in
battle and warfare to seize land, resources, and opportunities. Bloodshed and skirmishes between
nations can escalate when both parties are reluctant to compromise, thus neighboring nations may also
get involved or severely destroyed by the mayhem.
As a result of the foundation of the UN, the chances of territorial disputes intensifying to warfare
are rare. Many areas of land that were once claimed as a colony are now liberated from control.
Unpopulated areas that other countries want to obtain are now negotiated and approved by the global
community under a common roof. However, the system of democracy and diplomacy in the United
Nations consumes time and may seem tedious to fast-paced nations, where the aim to develop a thriving
economy is at the top of their agenda.
The question of territorial disputes is not a form of conflict that can be eradicated from the world.
However, it can be controlled and settled among all parties if any illicit actions of territorial assertion by
individual countries are brought to international attention, compromises between all parties are made,
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and bureaucratic procedures are undertaken so that no disputes over areas previously agreed upon
arise again.
This research report will be primarily discussing the question of the “Nine-Dash Line Area” and its
impacts to not only the claimant states of the South China Sea islands, but also the non-claimant ones
as well. Exceptional attention was put into the elaboration of the stances of both claimant and uninvolved
member nations. As this issue is one that has not been tackled directly in the United Nations. It is hoped
that delegates will keep in mind the ideal of compromise and sovereignty of member states.
Definition of Key Terms
International Waters
Also known as mare liberum, international waters are bodies of water which transcend international
borders and are areas where all states have the freedom of: fishing, navigation, overflight, and
research. International waters are areas without sovereignty. This term is different from terra nullius,
whereby a nation can exercise sovereignty and jurisdiction over an unclaimed territory.
Exclusive Economic Zones (EEZs)
These are areas of sea prescribed by the United Nations Convention on the Law of the Sea
(UNCLOS) over which a nation has exclusive rights regarding the exploration and the availability of
natural resources, including energy production from water, wind, and petrol. EEZs stretch from the
baseline of territory out to 200 nautical miles (nmi) from its coast.
Extended Continental Shelfs (ECSs)
These are landmass extensions from a continent, commonly resulting in an area of relatively shallow
waters. Along with the EEZs, this term was presented and recognized by the signatories of the
UNCLOS. Although different from an EEZ, ECSs also set defined territories for nations that have
indistinct borders due to artificial or natural reasons. As the South East Asia is densely packed with
countries, not only is it important to recognize economic borders, but geographical ones as well.
Land Reclamation
It is the process of creating new land from oceans, river beds, or lake beds. Also known as land fill,
land reclamation can be achieved through many different ways. The most popular method is known
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as infilling, where large amounts of rock and/or cement are used to filled a certain area of land, then
filling with clay, sand, or dirt until the desired elevation of land is achieved.
Jurisdiction
Often confused with sovereignty (the full right and power of an authoritative body to govern itself
without any interference from outside forces), to give jurisdiction means to bestow the grant or
authorize a governing nation to exercise justice and territorial responsibilities within a defined and
internationally recognized area. With regards to territorial disputes, it is imperative to distinguish
between these two terms as they mean different intentions within the field of law.
Background Information
The South China Sea is a peripheral body of water that joins the Pacific Ocean. It is located:
south of China; east of Vietnam, Cambodia, Indonesia, and Malaysia; west of the Philippines; north of
Brunei. Enclosing an area of over 3,700,000 km2, the importance of the region is from its harboring of a
third of the world’s maritime activity and is thought to conceal a desirable amount of natural gas reserves
beneath its seabed. The many minute islets of the South China Sea collectively form an archipelago.
They are mostly uninhabited and thus, are subject to competing territorial claims of jurisdiction by several
of its neighboring nations.
As aforementioned, the South China Sea contains over 250 islets, atolls, cays, shoals, coral
reefs, and sandbars, most of which are uninhabited and submerged by high tides. Many of these
geographical features are grouped into distinct archipelagos: the Spratly Islands, the Paracel Islands, the
Pratas Islands, the Macclesfield Bank, and the Scarborough Shoal. Namely, the Spratly Islands spans
over an area of approximately 729,000 km2.
In terms of geopolitics and global economics, the South China Sea is an extremely significant
and valuable body of water. In fact, over 50% of the trans-pacific shipment barges pass through the
straits of the sea. The region has been proved, by geologists, to contain oil reserves of around
30,000,000,000 barrels in total. Meanwhile, natural gas reserves are estimated to be around 7,500 km 3
in total. In comparison, Saudi Arabia, ranked first in the world for oil production, producing 11,730,000
barrels per day. At the meantime, China is ranked fourth, producing around 4,200,000 barrels per day.
Hence, in 2014, China began to drill for oil in waters where Vietnam claims to have jurisdiction over.
Territorial assertions
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Neighboring states of the South China Sea have made bold territorial claims over the resourcereplete islands. Many of those claims were based on the evidence of portions of the South China Sea
expanse being part of their EEZs. These disputes rendered the subject of the South China Sea
jurisdiction issue to be the most potentially threatening point of serious contention. While the People’s
Republic of China (PRC) and the Republic of China (ROC) regard the entire body of water as their own,
Vietnam, the Philippines, Malaysia, and other neighboring nations have been vigorous in their claims
over the many islands of the expanse.
The nations’ interests include retaining or obtaining: the rights to extensive fishing areas, the
exploration and exploitation of crude oil and natural gas reserves under the waters of the islands, and
the strategic and economic control of shipping routes. As every nation’s interests and reasons for the
desire of land in the sea differs, the overall disputes involve a different collection of countries. However,
there is a conflict that bands together almost all countries of South East Asia.
The Nine-Dash Line Area
The Nine-Dash Line Area is an area of the South China Sea claimed by ROC, now PRC which
covers most of the disputed area and overlaps the EEZs of Brunei, Indonesia, Malaysia, the
Philippines, ROC, and Vietnam. This piece of ocean is contained by a demarcation line initially
set by the ROC and subsequently modified by the PRC. Thus, the PRC establishes land
reclamation projects inside the dissented body of water known as “the Great Wall of Sand”.
Despite having made nebulous claims in the past regarding jurisdiction over the Nine-Dash Line
Area, the PRC has not yet filed a formal and definitive statement over the area. On July 12th,
2016, a tribunal in the Permanent Court of Arbitration in The Hague produced a verdict ruling that
the PRC has no legal basis to claim any form of “historic rights” over the dash-lined area in a
case applied by the Philippines. The ruling was undoubtedly rejected by the Chinese
government.
Former Philippine President Benigno Aquino III stated that “China’s nine-dash line territorial claim
over the entire South China Sea is against international laws, particularly the UNCLOS”. Not only
does the Philippines reject China’s claim over the body of water, but Vietnam and Indonesia have
stated that China’s claim over the lands has no legal justification and is violating their EEZs. In
addition to the Former Philippine President’s remarks, Indonesia’s security chief Luhut Panjaitan
announced that “[Indonesia] can take China before an international court if [Beijing]’s claim to the
majority of the South China Sea and [part of] Indonesian territory is not resolved through
dialogue”.
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The South China Sea is dubbed by the PRC as the “second Persian Sea.” State-owned China
Offshore Exploration Corps. budgets over $30,000,000,000 in the following 20 years to explore oil in the
region. In 1970, the Philippines began exploring the areas, within their EEZ, for oil. In 1976, natural gas
was discovered in the regions of Reed Bank. However, China’s complaints regarding jurisdiction
temporarily suspended the exploration.
Following China’s explorations in the Nine-Dash Line Area, the Philippines, Malaysia, and other
countries began referring to the Spratly Islands as included in their own territory in 1970. 8 years later,
Former Philippine President Ferdinand Marcos issued a presidential decree, declaring the Spratly
Islands as sovereign Philippine territory. As of 2012, all of the Paracel Islands are dominated by Chinese
research facilities and are under “total Chinese control”; eight of the 45 Spratly Islets are dominated by
Chinese military institutions.
Incidents and skirmishes
As verbal disputes escalated, disputing nations began to take insidious measures to secure their
pre-existing bodies of land in the South China Sea. Foreign ships which illegally fished in Indonesian
waters were destroyed by the Indonesian coast guard, many of the ships being Vietnamese. A total of
660 Vietnamese were taken into custody by Indonesia in 2015. Furthermore, Indonesian waters were
violated by Filipino fishermen. Following a skirmish between the Chinese coast guards and Indonesian
authorities regarding a fishing boat allegedly in Indonesian waters, Vietnamese ships that accidently
entered Thai waters were seized by their coast guard. Vietnamese boats poaching fish in Thai waters
were driven away by Thai naval forces. In December of last year, Filipino fishermen in the South China
Sea were accused of having murdered a Vietnamese. Ultimately, the South China Sea has started to
become the battlegrounds for Indonesian pirates. The Java pirates clashed against Vietnamese naval
forces, inciting the response and involvement of the United Nations to resolve tensions between the two
nations.
Aside from the many modern conflicts and encounters spurred recently, there were some military
skirmishes, even battles, which occurred in the region that increase the severity of the issue.
Interestingly enough, all of the military encounters that ever occurred in the South China Sea
consistently involved forces from the PRC. The Johnson South Reef Naval Battle of 1988 and the Battle
of the Paracel Islands of 1974 both involved the engagement of naval vessels from the PRC and the
Vietnamese Republic. Meanwhile, the Scarborough Shoal standoff was between the PRC and the
Philippines which began in 2012 and still ongoing.
Views from non-claimant states
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As the territorial claims over the South China Sea are mostly based on alleged historical and
geographical evidence from contentious nations, many nations distant from the Asian cynosure are
neither impacted nor involved in the pursuits of islands in the South China Sea. Furthermore, it is
important to examine the voices of non-claimant nations of the land in the South China Sea to determine
and evaluate international efforts to tackle the issue at hand.
Republic of Singapore
Despite being amongst hungry nations that want to devour territory in the South China Sea,
Singapore has stated that it is not a claimant state over the islands in the disputed region and
chooses to play a “neutral role” in being a leader of discussion among the claimant states. Albeit
China’s violation of Singapore’s EEZs by the Nine-Dash Line Area proposition, it takes the stance
of a non-claimant, non-aggressive stance of the issue.
Republic of Indonesia
Surprisingly, Indonesia was involved in many armed conflicts with other neighboring nations of
the issue of territoriality over islands of the South China Sea. However, they were all due to
provocations of native Indonesian continental territory and EEZs. Parts of China’s individuallyclaimed Nine-Dash Line Area intersect with the Natuna Islands, an area under jurisdiction of
Indonesia. Indonesia has confronted the PRC head-to-head regarding Indonesia’s rights over the
Natuna Islands and has vowed to take China before an arbitrary court if violation continues.
However, Indonesia remains neutral over territorial disputes of unclaimed land in the South China
Sea. In the Permanent Court of Arbitration ruling of July 2016, Indonesia invited multilateral
discussions and asked claimant nations to “exercise self-restraint and respect international sea
laws”.
United States of America
Under the question of territorial disputes over the South China Sea, the United States and the
PRC remain divided and in disagreement. Additionally, this division is made worse by United
States’ absence in the UNCLOS. The United States is not yet a signatory nation of the UNCLOS,
however, it chooses to accept all but Part XI of the convention as customary international law.
Since retaining the South China Sea as international waters is under the United States’
geopolitical and economic interests, the United States Former Secretary of State Hillary Clinton
has advocated for the free access and navigation “through the disputed region with respect to
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international law”. However, the PRC struck aggressively against her comments and warned the
United States of “making the South China Sea disputes an [unnecessarily intercontinental] issue.”
Major Countries and Organizations Involved
People’s Republic of China (PRC) and Republic of China (ROC or Taiwan)
As described earlier, the pan-China region is the center of attention with regards to the territorial
disputes over the islands in the South China Sea. Ever since the foundations of the Nine-Dash Line Area
set by the ROC, the PRC have presented many assertions regarding the abundant resources and
territory of the islands in the sea. Recently, they have begun to conduct land construction and
reclamation projects in an attempt to formally establish the disputed areas as under their own jurisdiction
and control.
Many times, the attempts of discussion and judgement by non-claimant states have been
intercepted by China. Even the statements regarding the subject of territorial disputes in the South China
Sea from the United States have been disparaged by the PRC. Furthermore, China has made a bold
statement saying that the verdict of the tribunal of the Permanent Court of Arbitration was “void”. This
shows that the PRC remains robust in their conviction that the South China Sea was and still is under
their sovereignty.
Just as any other country would seize the opportunity for free natural resources and territory,
China’s excessive desire for jurisdictional rights over the South China Sea islands are evident in their
bloated figures regarding the amount of petrol in total under the disputed region. The Chinese Ministry
published figures stating that it predicts over 125,000,000,000 barrels of potential oil. Meanwhile, the
United States Geological Survey states that only 45,000,000 barrels of oil is present underneath the
islands.
Republic of the Philippines
The Philippines are one of the few countries that have confronted China through official and legal
processes regarding its territorial claims in the South China Sea. Although the Philippines have claimed
significant portions of territory, they now remain neutral under the notion of security of its EEZs. As a
member state of ASEAN and UNCLOS, it is an active member that believes the islands of the South
China Sea must be divided equally and agreed upon the neighboring states of the disputed region.
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As aforementioned, the Philippines is sensitive over the PRC’s claim over the entire South China
Sea. In 2015, the Philippines filed a request for an arbitration examination and trial concerning China’s
legal validity of the Nine-Dashed Line Area. This was the second trial (first one being Nicaragua vs. the
United States) that a member state filed a legal trial against a United Nations Security Council
Permanent Nation (P5).
Like Malaysia, the Philippines’ claims of the Spratly Islands are based on the idea that the South
China Sea is not only within their EEZs, but is a terra nullius as there was no official acceptance of
sovereignty over the disputed area after Japanese colonization and relinquishment under the San
Francisco Treaty.
Socialist Republic of Vietnam
The Socialist Republic of Vietnam is one of the few nations that were engaged in military terms
with the PRC regarding territorial claims of the islands. Primarily, by the Battle of the Paracel Islands, the
former Communist Vietnamese government was able to seize the Spratly and Paracel Islands. However,
the land was rendered as terra nullius when the country was unified. Furthermore, the Vietnamese were
directly provoked during the Johnson South Reef Skirmish by the PRC navy. Since then, the Vietnamese
government, along with the Philippines, continues to challenge PRC’s assertions of South China Sea
territory.
As a signatory of the UNCLOS and a member nation of the ASEAN, Vietnam remains open to
diplomatic discussions and compromises regarding the South China Sea expanse. However, it still
chooses to acquire some land in the disputed area. Its justification over the Spratly Islands is based on
the idea that they have occupied the Spratly and the Paracel Islands since the 17th century until the
invasion of Chinese forces. Thus, Vietnam states that China’s claims over the land was not only by
forceful invasion, but should not be recognized under any legal circumstances.
The diplomatic relationship between the PRC and Vietnam is worthy of consideration when
discussing the question of territorial claims in the South China Sea. Albeit the frequent encounters
between the two nations, there were unbalanced and informal acknowledgements of territory claimed
from each nation by another. For example, in 1956, the North Vietnam Communist government actually
recognized the Spratly and Paracel archipelagos to be of Chinese origin; ergo the Vietnamese
government now takes the stance that China is in violation of international sea law and cannot “exercise
sovereignty over the Spratlys”.
Republic of Indonesia
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From the perspective of a non-claimant state, it seems that Indonesia is “bullied” by the violation
of its waters by neighboring nations. That is, in fact, true in many points of view. Indonesia is one of the
only nations that aim to protect its own sovereign territory, the Natuna Islands. Indonesia’s EEZ off the
coastlines of the Natuna overlaps with the Nine-Dash Line Area asserted by the PRC. Thus, in 2014, the
increased presence of Indonesian army in response is hoped by the native government to reduce the
chances of any conflict that may affect the indigenous population on the Islands.
While Indonesia is open to discussion regarding the peaceful negotiations of territory in the South
China Sea, it remains uncompromising when it comes to the subject of the Natuna Islands. Due to
increased provocations of the area by the PRC, Indonesia proclaimed, in 2015, that it will take the PRC
to the arbitrary tribunal by the UNCLOS if they continue to threaten sovereignty. The Natuna Islands, by
most definitions is not part of the South China Sea. Hence, depending on the decision of Indonesia, a
verdict that rules in favor of the Indonesian republic will automatically condemn the PRC for severe and
baseless violation of sovereignty.
Association of Southeast Asian Nations (ASEAN)
ASEAN is a regional organization comprising of the Southeast Asian states (10) which promotes
intergovernmental cooperation and facilitates economic support amongst its members. Although its
principal aims are to “accelerate economic growth, social progress, and sociocultural evolution” among
its members, it has grown to ensure the protection of regional stability and serve as a platform for
member nations to conduct peaceful negotiations.
With regards to the growing disputes in the South China Sea, ASEAN was able to extract
declarations, in 1992, from all nations bordering the South China Sea to resolve the dispute “peacefully
without resorting to violence”. Furthermore, it has overseen many agreements between the disputing
nations whereby military movement within the disputed areas by one country should be informed to the
other countries.
As of 2016, the ASEAN has failed to effectively resolve the territorial disputes between nations.
Being an intergovernmental group, it has no authority to distinctively intervene in the disputes. This is a
main point of criticism from many member nations regarding the presence of ASEAN.
Timeline of Events
Date
Description of event
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January 1, 1956
North Vietnam Communist government formally recognized the Paracel and
Spratly islands to be of historic Chinese origin.
China published the “Declaration of the Government of the People’s Republic of
September 4, 1958
China on China’s Territorial Sea” to validate the meaning of the “Nine-Dotted
Line on South China Sea.
January 1, 1970
February 14, 1975
PRC occupied a portion of the Paracel Islands, under the notion of the thenNine-Dotted Line Area.
Through the Battle of the Paracel Islands, the Communist Vietnamese
government reclaimed the Spratly and Paracel Archipelagos.
Former President Ferdinand Marcos of the Philippines, under the Presidential
June 11, 1978
Decree No. 1596, claimed that the distinguished islands comprising most of the
Spratly Archipelago are subject to the jurisdiction of the Philippines.
The Philippines ratified A/RES/37/66 and declared themselves as an
May 8, 1984
archipelagic state in the South China Sea. The Philippines claimed all the
Spratly Islands and reefs within its EEZs.
The Chinese Naval Forces killed 64 young unarmed Vietnamese in the Johnson
March 14, 1988
South Reef Skirmish, after the Vietnamese attempted to intercept a UNESCOcommissioned Chinese research team.
January 1, 1997
The Philippines began to officially challenge Chinese jurisdiction over the
Scarborough Shoal.
Former ROC President Lee Teng-hui announces that “under legality, history,
July 13, 1999
geography, and in reality, all of the South China Sea and Spratly Islands” are
beneath Taiwan’s sovereignty.
A mid-air collision between a United States Navy Intelligence Aircraft and a
April 1, 2001
People’s Liberation Army Navy Fighter Jet sparked dispute between the United
States of America and the PRC over the territorial claims in the South China
Sea.
In Phnom Penh, the Declaration on the Conduct of Parties in the South China
November 4, 2002
Sea was signed by 10 countries of ASEAN, along with the PRC, opening up
peaceful discussion regarding “territorial and jurisdictional disputes”.
Under the deadline for states to make seabed hydrocarbon potential claims in
May 14, 2009
the UNCLOS, presented statistics between the United States and the
neighboring nations of the South China Sea differed greatly in magnitude of
figures.
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The Chinese Foreign Ministry warns a Philippine archeological research vessel
April 16, 2012
to immediately leave the waters of the Scarborough Shoal, claiming it to be an
“integral part of its territory”. This event marks the beginning of the Scarborough
Shoal standoff
The National Assembly of the Socialist Republic of Vietnam passed a legislation
July 1, 2012
regarding the demarcation of Vietnamese sea borders to include the Spratly and
Paracel Islands.
January 10, 2014
China imposes a “fishing permit” rule in the South China Sea
The United States State Department releases a statement concluding that
December 7, 2014
China’s Nine-Dash Line Area “does not accord with any of the international laws
of the sea”.
China begins land reclamation projects to transform Mischief Reef into an
April 8, 2015
island. According to the UNCLOS, artificial islands created by nations to claim
jurisdiction does not grant the occupying nation territorial waters.
The Philippines vs. PRC received an arbitration opinion concerning the legality
July 7, 2015
of China’s Nine-Dashed Line Area over the South China Sea. The hearings
were observed by Indonesia, Japan, Malaysia, Thailand, and Vietnam.
Indonesia proclaims that it will take the PRC to an arbitrary tribunal if they
November 14, 2015
continue to threaten sovereignty over the Natuna Islands, an archipelago within
Indonesia’s EEZs.
The Tribunal of Permanent Court of Arbitration rejects China’s Nine-Dash Line
July 12, 2016
historical claim over the islands of the South China Sea, concluding it has no
legal validity. Beijing promptly rejected the tribunal’s verdict and called it as
“void”.
Relevant UN Treaties and Events
●
ASEAN Declaration on the South China Sea, 1992
●
“ASEAN-brokered Agreement between the Republic of the Philippines and the PRC”, 1995
●
Declaration on the Conduct of Parties in the South China Sea, 2002
●
Philippines submission to the Permanent Court of Arbitration (PCA), 2013 – 2016
●
Third United Nations Conference on the Law of the Seas, 3 December 1982, (A/RES/37/66)
●
Oceans and the Law of the Sea, 4 February 2005, (A/RES/59/24)
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United Nations Convention on the Law of the Sea (UNCLOS)
The UNCLOS is an international agreement that defines the rights and responsibilities of nations
with respect to their use and jurisdiction over the world’s oceans, establishing guidelines for economic
transactions, the environment, and the exploration of marine natural resources. The United Nations has
no operational jurisdiction in the Convention. However, organizations such as the International Maritime
Organization (IMO) play a role in advocating of and reminding the Convention.
The UNCLOS was the result of the third United Nations Conference on the Law of the Sea
(UNCLOS* [different from the Convention] III), which took place between 1973 and 1982. The
Convention was implemented in 1982, replacing four obsolete 1958 treaties. The UNCLOS* III
introduced the idea of EEZs and continental shelf jurisdiction. The resulting Convention defined the
terms of internal waters, international waters, territorial waters, EEZs, and ECSs. The definitions of the
EEZs remain an evidence of justification for many nations that claim parts of the South China Sea.
Another source of discussion is the United States’ refusal to sign the UNCLOS. Despite the
United States’ wish to let the South China Sea serve as international waters, its denial of the UNCLOS is
a rebuttal point for the PRC to warn the United States to steer away from the regional conflict between
Southeast Asian nations.
Previous Attempts to solve the Issue
2002 Declaration on the Conduct of Parties in the South China Sea
This statement was recognized by the member states of the ASEAN, including the PRC. The
parties undertook this explicit declaration: “to resolve their territorial and jurisdictional disputes by
peaceful means, without resorting to the threat or use of force, through friendly consultations and
negotiations by sovereign states directly concerned”. The multilateral declaration also mentioned the
exercise of self-restraint with activities that would exacerbate the conflicts and affect peace and stability
of the region. The declaration was successful in easing tensions between the nations. However, due to
its lack of a legal code of conduct, the declaration is soon disparaged between the nations.
2011 ASEAN Agreement
This agreement is an extension to the declaration presented 9 years ago since the recognition of
the document. The PRC, Brunei, Malaysia, the Philippines, and Vietnam agreed to a collection of legallybinding principles that will “serve the basis for resolution of the disputes”. This agreement was even
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praised by the PRC’s foreign ministry, noting it as “an important milestone document for cooperation
among China and [other] ASEAN countries”. Although land reclamation and natural resource drilling
continues to this day, the agreement successfully mentions factors such as “marine environment
protection; research and exploration, and search and rescue [operations]; safety of navigation and
communication; combating transnational crime”.
Possible Solutions
Surprisingly, there is a severe lack of attention in the United Nations regarding the issue of
territorial claims in the South China Sea. This is partly due to the PRC wanting to keep the issue as a
regional conflict and does not want intervention. In other words, the PRC does not want to compromise
its unstable claim (Nine-Dash Line Area) over the territory in the South China Sea as international
attention will incite the division of the disputed region among the claimants. Thus, the first order of
business must be to incentivize intervention for the PRC so that disputes can be settled by nonclaimants.
Another approach is to maybe consider the redefinition of EEZs around the world. As many of the
evidence for jurisdiction over lands in the South China Sea are due to the establishment of overlapping
EEZs, effective negotiations under the United Nations will be able to placate the disputes. This
reconsideration will require the presence of the UNCLOS, along with the IMO and other relevant
maritime organizations to avoid miscommunication and further conflict.
Settling the issue of territorial claims under the United Nations should be thought with extreme
caution as certain courses of action may be seen as an infringement of state sovereignty, which conflicts
against the central ideals of the United Nations, itself. It may now be the time for the international
community to intervene in the territorial disputes of the South China Sea, but a violation in pre-existing
jurisdiction rights or sovereignty will definitely spur already sensitive tensions between nations.
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