Maritime and Territorial Disputes in the South China Sea: Faces of Power and Law in the Age of China’s Rise

Cover
Half Title
Series Information
Title Page
Copyright Page
Table of contents
Contributors
Introduction
	Perspectives on the connections between power and law in IR theory
	Outline of the book
	References
1 The rebalance under the Obama administration: Transformational leadership and selective engagement
	Introduction
	Leading from behind
	Adapting traditional alliances to new realities and developing new partnerships
	The South China Sea: A flopped attempt of the new policies?
	Conclusion
	Notes
	References
2 ‘The Dialogue of East and West’: Joseph Needham revisited
	Introduction
	Harmony in traditional Confucian society
	Image and self-image of the West
	Building a new harmony
	Making sense of the ‘Chinese Dream’ of a ‘Harmonious World’
	By way of conclusion: ‘What has been defrosted cannot be deep-frozen again’ (Baudrillard 2002b, 39)
	Notes
	References
3 Sovereignty and identity: Taiwan’s claims in the South China Sea
	Introduction
	Ontological security and the South China Sea
	The KMT’s pursuit of the legitimacy of the Republic of China and its claims on the South China Sea under Chiang Kai-shek ...
	Lee Tung-hui’s pursuit of Taiwan’s subjectivity and its policies pertaining to the South China Sea (1988–2000)
	Chen Shui-bian’s pursuit of Taiwan as an ‘Ocean Nation’ and its claims on the South China Sea (2000–2008)
	Ma Ying-jeou’s pursuit of ‘One China, Respective Interpretations’, and its claims on the South China Sea (2008–2016)
	Ontological security of Taiwan and Tsai Ying-wen’s responses to the South China Sea arbitration (since 2016)
	Conclusion
	Notes
	References
4 Power, international law, and the Philippine hedging strategy in the South China Sea
	Introduction
	Power, international law, and the weak state’s hedging strategy
	The evolution of the Philippines’ use of power and law in the South China Sea since 1946
		From 1946 to 1990
		From 1991 to 2016
		From June 2016 to the present
	Conclusion
	Notes
	References
5 Japan, China and the territorial disputes in the China Seas: The uncertain dynamics of Asian-Pacific geopolitics
	Introduction
	Strategic uncertainties and the China Seas disputes
		Sources of Chinese uncertainties
		Sources of Japanese uncertainties
	Variations in responses to strategic uncertainties
		Chinese responses
		Japanese responses
	The China Seas disputes and Asian-Pacific geopolitics
		The ESC dispute dynamics and bilateral Sino–Japanese interactions
		The China Seas disputes and regional Sino–Japanese dynamics
	Conclusion
	Notes
	References
6 All at sea?: Japanese conceptions of regional order in response to the South China Sea disputes
	Introduction
	Regional order in East Asia
	The SCS disputes
	Japan’s response to the SCS disputes
	The DPJ’s approach to the SCS disputes
	Abe’s approach to the SCS disputes
	Conclusion
	Notes
	References
7 Whose ‘freedom of navigation’?: Australia, China, the United States, and the making of order in the ‘Indo-Pacific’
	Introduction
	Australian conceptions of international order
	The law of the sea’s contested ‘rules and norms’
	Extending maritime territories and zones
	Debating threats to the ‘freedom of navigation’
	Debating changes and challenges to international order
	The rise of the ‘Indo-Pacific’
	Imagined stability and attempts to arrest change
	Conclusion
	Acknowledgements
	Notes
	References
8 Reflections on the awards concerning the legal status and maritime entitlement of maritime features in the South China ...
	Introduction
	Reflections on the tribunal’s JA concerning the legal status and maritime entitlement of certain maritime features
		Whether a legal dispute exists in the SCS Arbitration concerning Submission Nos. 3–7
		Prior conditions are not satisfied under Section I of Part XV of the UNCLOS
		Jurisdictional obstacles to the Tribunal’s jurisdiction: Sovereignty and maritime delimitation
			Determination on legal status and maritime entitlement of insular features fragments China’s sovereignty over the Spratlys ...
			The capability of appropriation over LTEs, and that LTEs occupied by China are part of the EEZ and CS of the Philippines, ...
			The term “concerning” or “relating to” should be interpreted in good faith
			The inseparability between legal status and maritime entitlement and maritime delimitation
			Potential overlapping maritime entitlements between two states should be considered by the Tribunal
	Reflections on the Tribunal’s MA concerning the legal status and maritime entitlement of certain maritime features
		Article 121(3) constitutes an exception of Article 121
		The Tribunal’s self-creation of standards on the interpretation of Article 121(3)
		The Tribunal’s interpretation is inconsistent with the context of Article 121(3) and with the object and purpose of the Convention
		The Tribunal’s interpretation is inconsistent with the travaux préparatoires of Article 121(3) and state practice
		The Tribunal misused the evidence submitted before it concerning the application of Articles 121 and 13 of the Convention
			The Tribunal’s misrepresentation of China’s position
			The Tribunal’s misuse of evidence submitted before it
	Reflections on the political dimension of the SCS Arbitration
		Reflections regarding impacts of the SCS Arbitration on great-power politics
		Reflections regarding impacts of the SCS arbitration on China–Philippines relations
	Conclusion
	Notes
	References
Index