Back
About RSIS
Introduction
Building the Foundations
Welcome Message
Board of Governors
Staff Profiles
Executive Deputy Chairman’s Office
Dean’s Office
Management
Distinguished Fellows
Faculty and Research
Associate Research Fellows, Senior Analysts and Research Analysts
Visiting Fellows
Adjunct Fellows
Administrative Staff
Honours and Awards for RSIS Staff and Students
RSIS Endowment Fund
Endowed Professorships
Career Opportunities
Getting to RSIS
Research
Research Centres
Centre for Multilateralism Studies (CMS)
Centre for Non-Traditional Security Studies (NTS Centre)
Centre of Excellence for National Security (CENS)
Institute of Defence and Strategic Studies (IDSS)
International Centre for Political Violence and Terrorism Research (ICPVTR)
Research Programmes
National Security Studies Programme (NSSP)
Social Cohesion Research Programme (SCRP)
Studies in Inter-Religious Relations in Plural Societies (SRP) Programme
Other Research
Future Issues and Technology Cluster
Research@RSIS
Science and Technology Studies Programme (STSP) (2017-2020)
Graduate Education
Graduate Programmes Office
Exchange Partners and Programmes
How to Apply
Financial Assistance
Meet the Admissions Team: Information Sessions and other events
RSIS Alumni
Outreach
Global Networks
About Global Networks
RSIS Alumni
International Programmes
About International Programmes
Asia-Pacific Programme for Senior Military Officers (APPSMO)
Asia-Pacific Programme for Senior National Security Officers (APPSNO)
International Conference on Cohesive Societies (ICCS)
International Strategy Forum-Asia (ISF-Asia)
Executive Education
About Executive Education
SRP Executive Programme
Terrorism Analyst Training Course (TATC)
Public Education
About Public Education
Publications
RSIS Publications
Annual Reviews
Books
Bulletins and Newsletters
RSIS Commentary Series
Counter Terrorist Trends and Analyses
Commemorative / Event Reports
Future Issues
IDSS Papers
Interreligious Relations
Monographs
NTS Insight
Policy Reports
Working Papers
External Publications
Authored Books
Journal Articles
Edited Books
Chapters in Edited Books
Policy Reports
Working Papers
Op-Eds
Glossary of Abbreviations
Policy-relevant Articles Given RSIS Award
RSIS Publications for the Year
External Publications for the Year
Media
News Releases
Speeches
Video/Audio Channel
Events
Contact Us
S. Rajaratnam School of International Studies Think Tank and Graduate School Ponder The Improbable Since 1966
Nanyang Technological University Nanyang Technological University
  • About RSIS
      IntroductionBuilding the FoundationsWelcome MessageBoard of GovernorsHonours and Awards for RSIS Staff and StudentsRSIS Endowment FundEndowed ProfessorshipsCareer OpportunitiesGetting to RSIS
      Staff ProfilesExecutive Deputy Chairman’s OfficeDean’s OfficeManagementDistinguished FellowsFaculty and ResearchAssociate Research Fellows, Senior Analysts and Research AnalystsVisiting FellowsAdjunct FellowsAdministrative Staff
  • Research
      Research CentresCentre for Multilateralism Studies (CMS)Centre for Non-Traditional Security Studies (NTS Centre)Centre of Excellence for National Security (CENS)Institute of Defence and Strategic Studies (IDSS)International Centre for Political Violence and Terrorism Research (ICPVTR)
      Research ProgrammesNational Security Studies Programme (NSSP)Social Cohesion Research Programme (SCRP)Studies in Inter-Religious Relations in Plural Societies (SRP) Programme
      Other ResearchFuture Issues and Technology ClusterResearch@RSISScience and Technology Studies Programme (STSP) (2017-2020)
  • Graduate Education
      Graduate Programmes OfficeExchange Partners and ProgrammesHow to ApplyFinancial AssistanceMeet the Admissions Team: Information Sessions and other eventsRSIS Alumni
  • Outreach
      Global NetworksAbout Global NetworksRSIS Alumni
      International ProgrammesAbout International ProgrammesAsia-Pacific Programme for Senior Military Officers (APPSMO)Asia-Pacific Programme for Senior National Security Officers (APPSNO)International Conference on Cohesive Societies (ICCS)International Strategy Forum-Asia (ISF-Asia)
      Executive EducationAbout Executive EducationSRP Executive ProgrammeTerrorism Analyst Training Course (TATC)
      Public EducationAbout Public Education
  • Publications
      RSIS PublicationsAnnual ReviewsBooksBulletins and NewslettersRSIS Commentary SeriesCounter Terrorist Trends and AnalysesCommemorative / Event ReportsFuture IssuesIDSS PapersInterreligious RelationsMonographsNTS InsightPolicy ReportsWorking Papers
      External PublicationsAuthored BooksJournal ArticlesEdited BooksChapters in Edited BooksPolicy ReportsWorking PapersOp-Eds
      Glossary of AbbreviationsPolicy-relevant Articles Given RSIS AwardRSIS Publications for the YearExternal Publications for the Year
  • Media
      News ReleasesSpeechesVideo/Audio Channel
  • Events
  • Contact Us
    • Connect with Us

      rsis.ntu
      rsis_ntu
      rsisntu
      rsisvideocast
      school/rsis-ntu
      rsis.sg
      rsissg
      RSIS
      RSS
      Subscribe to RSIS Publications
      Subscribe to RSIS Events

      Getting to RSIS

      Nanyang Technological University
      Block S4, Level B3,
      50 Nanyang Avenue,
      Singapore 639798

      Click here for direction to RSIS
Connect
Search
  • RSIS
  • Publication
  • RSIS Publications
  • CO11136 | Managing the South China Sea: Sovereignty is not the Issue
  • Annual Reviews
  • Books
  • Bulletins and Newsletters
  • RSIS Commentary Series
  • Counter Terrorist Trends and Analyses
  • Commemorative / Event Reports
  • Future Issues
  • IDSS Papers
  • Interreligious Relations
  • Monographs
  • NTS Insight
  • Policy Reports
  • Working Papers

CO11136 | Managing the South China Sea: Sovereignty is not the Issue
Sam Bateman

29 September 2011

download pdf

Synopsis

Sovereignty disputes and maritime boundaries in the South China Sea will not be resolved in the foreseeable future. Accordingly the claimant countries must change their mindsets from nationalistic assertions of rights to one of functional cooperation and management.

Commentary

TWO ISSUES confuse discussion of the South China Sea disputes. The first is the mistaken notion that sovereignty over the islands and reefs of the sea can be resolved on a multilateral basis. This is incorrect because sovereignty is fundamentally a bilateral issue for resolution between the states that claim a particular feature.

The second confused idea is that maritime boundaries, or some other segregation of the disputed areas, will be determined by the law. This is also incorrect. The settlement of boundary disputes, like that of sovereignty, is fundamentally a political issue for negotiation between the respective parties.

Sovereignty

China is regularly criticised for seeking to discuss the sovereignty disputes in the South China Sea bilaterally. Along with Taiwan and Vietnam, China lays claim to all the insular features of the sea; except the islands in the far south that are under either Malaysian or Indonesian sovereignty, and the islands close to the coast of Vietnam. Some of the disputed features are also claimed by Brunei, Malaysia, and the Philippines.

While arrangements for cooperation in managing the South China Sea and its resources can be discussed multilaterally, sovereignty is a matter for bilateral discussion between the disputing parties. ASEAN, for example, as a regional grouping, cannot discuss sovereignty over particular features with China.

As Ambassador Tommy Koh pointed out in a recent Review Brief in The Straits Times: “ASEAN as a group, does not support or oppose the claims of the four ASEAN claimant states.” He noted that “any perception that the claims of Brunei, Malaysia, the Philippines and Vietnam are backed by ASEAN is incorrect”.

The disputes over the Spratly islands are a difficult issue for ASEAN because the features claimed by the Philippines, Malaysia and Brunei are also claimed by Vietnam. Bilateral resolution of these claims between the ASEAN members would be a major step forward that would then allow subsequent bilateral negotiations with China. However, this step is unlikely while countries focus on asserting their individual claims.

The UN Law of the Sea Convention (UNCLOS) is often cited as the magic document that if properly followed, would resolve the problems of the South China Sea. However, UNCLOS is not intended to address sovereignty disputes. These must be reconciled on a bilateral basis between the disputants. The law of the sea only comes into play when sovereignty over land features has been agreed.

Maritime Boundaries

Maritime boundaries are intended to set limits on sovereignty, jurisdiction and the allocation of resources, and provide a basis for effective management of regional oceans and seas. Without them, good order at sea is much more problematic.

Good order at sea, including effective arrangements for the development and management of resources, is customarily based on cooperation between states and agreed maritime boundaries between them. However, due to the complex geography of the South China Sea and the multiple bordering states, a conventional system of straight line maritime boundaries will be impossible to achieve in many parts of the sea. This situation is aggravated by the difficulties of resolving the sovereignty disputes, including agreement on which insular features qualify as “islands” under international law entitled to a full set of maritime zones.

The UN guidelines for determining maritime boundaries note that the negotiation of a maritime boundary between two or more States is always “political in nature”. The law of the sea can inform negotiations, but ultimately the negotiating countries can agree whatever boundary they like. The same goes for determining some other basis for delineating areas for joint or cooperative management in the South China Sea. The process is essentially a political process between the parties.

Changing Mindsets

The South China Sea disputes will only be settled when the bordering countries change their mindsets from one of sovereignty, sole ownership of resources and seeking “fences in the sea” to one of functional cooperation and cooperative management. Largely led by the Indonesia-sponsored workshops on resolving conflict in the South China Sea, this was where the process was heading in the 1990s and early 2000s. However in recent years it has become bogged down by nationalistic assertions of sovereignty, some of which are ill-founded, which set back any progress towards cooperation with managing the sea, its environment and its resources.

While countries have this nationalistic mindset, settlement of the South China Sea disputes is highly unlikely. Besides the difficulties of negotiating a solution to a problem that involves six parties — one of which, Taiwan, is not recognised by the others as a legal entity — none of the claimants have demonstrated the political will to compromise on their sovereignty claims.

A cooperative management regime is the only solution. The only acceptable framework for such a regime would be a web of provisional arrangements covering cooperation for different functions and perhaps even with different areas for each function. These functions include development of oil and gas resources, fisheries management, marine safety, marine scientific research, good order at sea, and preservation and protection of the marine environment.

Furthermore any agreement or plan along these lines developed by ASEAN members that ignores the position of China is doomed to failure.Discussion of this functional approach must be on the agenda to prevent the South China Sea from simmering away as a major obstacle to regional stability.

About the Author

Sam Bateman is a Senior Fellow in the Maritime Security Programme at the S. Rajaratnam School of International Studies (RSIS), Nanyang Technological University. He is a former senior Australian naval commodore with research interests in regimes for good order at sea. 

Categories: RSIS Commentary Series / Maritime Security / Southeast Asia and ASEAN

Synopsis

Sovereignty disputes and maritime boundaries in the South China Sea will not be resolved in the foreseeable future. Accordingly the claimant countries must change their mindsets from nationalistic assertions of rights to one of functional cooperation and management.

Commentary

TWO ISSUES confuse discussion of the South China Sea disputes. The first is the mistaken notion that sovereignty over the islands and reefs of the sea can be resolved on a multilateral basis. This is incorrect because sovereignty is fundamentally a bilateral issue for resolution between the states that claim a particular feature.

The second confused idea is that maritime boundaries, or some other segregation of the disputed areas, will be determined by the law. This is also incorrect. The settlement of boundary disputes, like that of sovereignty, is fundamentally a political issue for negotiation between the respective parties.

Sovereignty

China is regularly criticised for seeking to discuss the sovereignty disputes in the South China Sea bilaterally. Along with Taiwan and Vietnam, China lays claim to all the insular features of the sea; except the islands in the far south that are under either Malaysian or Indonesian sovereignty, and the islands close to the coast of Vietnam. Some of the disputed features are also claimed by Brunei, Malaysia, and the Philippines.

While arrangements for cooperation in managing the South China Sea and its resources can be discussed multilaterally, sovereignty is a matter for bilateral discussion between the disputing parties. ASEAN, for example, as a regional grouping, cannot discuss sovereignty over particular features with China.

As Ambassador Tommy Koh pointed out in a recent Review Brief in The Straits Times: “ASEAN as a group, does not support or oppose the claims of the four ASEAN claimant states.” He noted that “any perception that the claims of Brunei, Malaysia, the Philippines and Vietnam are backed by ASEAN is incorrect”.

The disputes over the Spratly islands are a difficult issue for ASEAN because the features claimed by the Philippines, Malaysia and Brunei are also claimed by Vietnam. Bilateral resolution of these claims between the ASEAN members would be a major step forward that would then allow subsequent bilateral negotiations with China. However, this step is unlikely while countries focus on asserting their individual claims.

The UN Law of the Sea Convention (UNCLOS) is often cited as the magic document that if properly followed, would resolve the problems of the South China Sea. However, UNCLOS is not intended to address sovereignty disputes. These must be reconciled on a bilateral basis between the disputants. The law of the sea only comes into play when sovereignty over land features has been agreed.

Maritime Boundaries

Maritime boundaries are intended to set limits on sovereignty, jurisdiction and the allocation of resources, and provide a basis for effective management of regional oceans and seas. Without them, good order at sea is much more problematic.

Good order at sea, including effective arrangements for the development and management of resources, is customarily based on cooperation between states and agreed maritime boundaries between them. However, due to the complex geography of the South China Sea and the multiple bordering states, a conventional system of straight line maritime boundaries will be impossible to achieve in many parts of the sea. This situation is aggravated by the difficulties of resolving the sovereignty disputes, including agreement on which insular features qualify as “islands” under international law entitled to a full set of maritime zones.

The UN guidelines for determining maritime boundaries note that the negotiation of a maritime boundary between two or more States is always “political in nature”. The law of the sea can inform negotiations, but ultimately the negotiating countries can agree whatever boundary they like. The same goes for determining some other basis for delineating areas for joint or cooperative management in the South China Sea. The process is essentially a political process between the parties.

Changing Mindsets

The South China Sea disputes will only be settled when the bordering countries change their mindsets from one of sovereignty, sole ownership of resources and seeking “fences in the sea” to one of functional cooperation and cooperative management. Largely led by the Indonesia-sponsored workshops on resolving conflict in the South China Sea, this was where the process was heading in the 1990s and early 2000s. However in recent years it has become bogged down by nationalistic assertions of sovereignty, some of which are ill-founded, which set back any progress towards cooperation with managing the sea, its environment and its resources.

While countries have this nationalistic mindset, settlement of the South China Sea disputes is highly unlikely. Besides the difficulties of negotiating a solution to a problem that involves six parties — one of which, Taiwan, is not recognised by the others as a legal entity — none of the claimants have demonstrated the political will to compromise on their sovereignty claims.

A cooperative management regime is the only solution. The only acceptable framework for such a regime would be a web of provisional arrangements covering cooperation for different functions and perhaps even with different areas for each function. These functions include development of oil and gas resources, fisheries management, marine safety, marine scientific research, good order at sea, and preservation and protection of the marine environment.

Furthermore any agreement or plan along these lines developed by ASEAN members that ignores the position of China is doomed to failure.Discussion of this functional approach must be on the agenda to prevent the South China Sea from simmering away as a major obstacle to regional stability.

About the Author

Sam Bateman is a Senior Fellow in the Maritime Security Programme at the S. Rajaratnam School of International Studies (RSIS), Nanyang Technological University. He is a former senior Australian naval commodore with research interests in regimes for good order at sea. 

Categories: RSIS Commentary Series / Maritime Security

Popular Links

About RSISResearch ProgrammesGraduate EducationPublicationsEventsAdmissionsCareersVideo/Audio ChannelRSIS Intranet

Connect with Us

rsis.ntu
rsis_ntu
rsisntu
rsisvideocast
school/rsis-ntu
rsis.sg
rsissg
RSIS
RSS
Subscribe to RSIS Publications
Subscribe to RSIS Events

Getting to RSIS

Nanyang Technological University
Block S4, Level B3,
50 Nanyang Avenue,
Singapore 639798

Click here for direction to RSIS

Get in Touch

    Copyright © S. Rajaratnam School of International Studies. All rights reserved.
    Privacy Statement / Terms of Use
    Help us improve

      Rate your experience with this website
      123456
      Not satisfiedVery satisfied
      What did you like?
      0/255 characters
      What can be improved?
      0/255 characters
      Your email
      Please enter a valid email.
      Thank you for your feedback.
      This site uses cookies to offer you a better browsing experience. By continuing, you are agreeing to the use of cookies on your device as described in our privacy policy. Learn more
      OK
      Latest Book
      more info