HERRERA, Viven Joyce P.

IR-358

August 17, 2015

Disputes in the South China Sea: Southeast Asias Troubled Waters

The heart of the South China Sea disputes is the question of who owns hundreds
of small island, atolls and reefs. The two major archipelagos are the Paracel and the Spratly
Island. As a result, instability in the area could threaten the free flow of maritime commerce with
serious effect for the global economy.
UNCLOS is referred as constitution of the seas, and as of 2014 166 parties ratified it.
However, in resolving inter-state problem, concerned state must have an agreement on what the
problem is and whether it should be addressed through direct negotiations or through legal
arbitration. The Philippines has prepared to submit its claims to the Spratly to the ICJ, and none
of the other claimants have made the same offer. China refused to consider legal arbitration for
the disputes. However, the Philippines has not prevented from unilaterally challenging the
legality of Chinas expensive claims. Philippines requested ITLOS to issue an award that
declares Chinas maritime claims based on its nine-dash line to be contrary to UNCLOS and
therefore invalid. And unsurprisingly, China has refused to participate in the proceedings and
reject the Philippine submission as factually flawed.
If claimants implement an effective set of conflict prevention that resolves the
sovereignty question. (199)

HERRERA, Viven Joyce P.

IR-358

August 17, 2015

Maritime Disputes in the South China Sea: ASEANs Dilemma

The South China Sea carries more than 40 percent of the world trade and 50 percent of
energy trade. It is also the worlds most contested sea and not just the claimant states are
interested but also some major trading nations. A serious military conflict occurred in the South
China Sea, if it were to involve China, it would have an extremely destabilizing impact in
international trade and financial markets as well as great power relations.
The Philippines is one of the claimant, it occupies eight reefs and island in the Spratly
Island group, as well as the Scarborough Shoal. It has come into a maritime tension with China
whereas it affects the security of the Philippines. The tensions between the two countries worsen
when a Philippine maritime surveillance plane discovered eight Chinese fishing vessels. And
when the BRP Gregorio del Pilar was dispatched to inspect the Chinese vessels, it discovered
marine creatures which the Philippines condemned as illegal. Since China has been aggressive,
Philippines had to fall back on traditional diplomacy. Incumbent president Aquino has used both
soft and hard power.
The continuous South China Sea disputes pose both an internal and external dilemma for
ASEAN.(197)