scholarly journals The Freedom of Navigation in the South China Sea: An Ideal or a Reality?

2012 ◽  
Vol 03 (03) ◽  
pp. 137-144 ◽  
Author(s):  
Zewei Yang
Keyword(s):  
South China Sea ◽  
South China ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Freedom Of Navigation

Conflict and Diplomacy in the South China Sea

Asian Survey ◽  
2012 ◽  
Vol 52 (6) ◽  
pp. 995-1018 ◽  
Author(s):  
Sheldon W. Simon
Keyword(s):  
South China Sea ◽  
South China ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Freedom Of Navigation

Abstract Disputes over sovereignty and freedom of navigation in the South China Sea (SCS) involve both the claimants and major maritime powers. Two starkly different approaches to the SCS conflict are discussed: (1) diplomacy among the claimants either bilaterally or multilaterally; (2) if diplomacy fails, the claimants are building their militaries to assert their rights through force.

The Arbitral Award in the Matter of the South China Sea between the Philippines and China

2017 ◽  
Vol 2 (1) ◽  
pp. 117-139 ◽  
Author(s):  
Cameron Moore
Keyword(s):  
South China Sea ◽  
South China ◽  
Use Of Force ◽  
The Philippines ◽  
The South China Sea ◽  
Potential Importance ◽  
The South ◽  
Loss Of Life ◽  
China Sea ◽  
Freedom Of Navigation

This article considers the implications of the Award for freedom of navigation and the use of force in the South China Sea, identifying the conclusions that can be drawn from the Award and the questions that remain. The Award also indirectly raised the question of the use of force to defend navigational rights. This article therefore revisits the Corfu Channel Case for the light it may shed on the use of force and freedom of navigation in the South China Sea. This leads to questions of the danger of miscalculation and the potential importance of the Code for Unplanned Encounters at Sea (cues) in reducing the potential for miscalculation to occur. This article argues that the de-escalatory approach of cues may be the way in which States can assert competing rights without such action leading to loss of life.

US South China Sea patrols have complex aims

2015 ◽  
Keyword(s):  
South China Sea ◽  
South China ◽  
Legal Aspects ◽  
The South China Sea ◽  
The South ◽  
Us South ◽  
Content Type ◽  
China Sea ◽  
The Impact ◽  
Freedom Of Navigation

Subject US 'freedom of navigation' patrols in the South China Sea. Significance The US navy plans next month to carry out a second 'Freedom of Navigation' (FoN) patrol near Chinese artificial islands in the South China Sea, according to US officials, following the first patrol by the USS Lassen in the disputed Spratly Islands in October. These FoN patrols bring key legal aspects of the South China Sea dispute to a head, placing pressure on China's carefully honed position of ambiguity. Impacts Future patrols within 12 nautical miles of Mischief Reef will affirm that artificial islands cannot generate territorial seas. China's management of public opinion on foreign policy issues under President Xi Jinping will be tested. Washington will attempt to minimise the impact of its FoN patrols on China-US relations.

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