The Abstracts of Vol.3,2015

Releasing Time：05.16.2015Source：

The South China Sea and China’s Strategic Security

He  Yafei

  The South China Sea issue involves the relations between China and other countries such as the U.S., Japan, India, Australia and ASEAN countries. The South China Sea issue has three dimensions. The first dimension concerns China’s southward geo-strategic security and the projection of china’s maritime power into deep seas. The second one relates to the security of the strategic corridor of China’s energy and resources. The third one is the control and development of natural resources in the South China Sea. Based on these three dimensions, this article analyzes the geo-strategic situation in the South China Sea, the crux of the South China Sea problem and the possible way out of the South China Sea problem. This article concludes that the solution to the South China Sea dispute is a very complicated task and depends primarily on a country’s comprehensive power. In this sense, the time is on China’s side. In the meantime, the Chinese government needs to take a series of concrete measures to help defend China’s maritime interests, such as enhancing modern maritime consciousness，pushing forward comprehensive regional cooperation including the “One Belt One Road” initiative, studying and utilizing international law and providing public goods in the South China Sea.

Building “Marine Power” and Approaching Seas and Oceans surrounding China

Hai  Min

  After the “18^th Party Congress” made the call of building “marine power”, the international community reacted quite differently and made guesses about its contents and intentions, some even thought that China would devote itself to naval force building to challenge America’s maritime status. In fact, these views are all the misconceptions about China’s “marine power” strategy. This article will make explanations and try to offer a systemic suggestion about China how to deal with these important issues such as marine territorial disputes, maritime security, development of resources, peaceful cooperation, and so on.

On the New Developments in the China-Philippines South China Sea Arbitration

Wu Shicun  Jiang Wei

  The China-Philippines South China Sea Arbitration is now in the phase of providing further written arguments to the Arbitral Tribunal, which may make its decision by early 2016. China’s position paper on the matter of jurisdiction in the arbitration is not a Counter-Memorial but an important reference document for the Arbitral Tribunal. Almost at the same time, the U.S. State Department proffered its analysis of China’s maritime claims in the South China Sea, as part of its Limits in the Seas series, which is a form of public political support to the Philippines. Vietnam submitted its Statement for the attention of the Tribunal, requesting to pay due attention to its legal rights and interests. The United States and Vietnam’s involvements in the arbitration aggravate the complexity of the case.

Hard Power, Soft Power and Smart Power: Perspective of China-ASEAN Relations    

 Li Mingjiang

   China’s strategic objective in Southeast Asia is to become the most influential power in the region. In the past 20 years, China has used an enormous amount of resources in the political, economic, diplomatic, and social areas and practiced an amazing soft power strategy towards the region. The results of China’s “charm offensive” are mixed. On one hand, China’s influence in Southeast Asia has increased dramatically. But at the same time, it is also true that many regional states do not genuinely trust China, and many barriers still exist for the further deepening of bilateral ties. The mixed results are a consequence of the contradictions between China’s soft power strategy and hard power policy in the region. China may seriously consider how to better reconcile its soft and hard power policies in the region, in particular with regard to the South China Sea disputes, in order to better achieve its strategic goal in Southeast Asia.

Maritime Delimitation, Reefs Ownership and Joint Development: Exploring Concrete Proposals for Future Settlements of the South China Sea Disputes

Wang  Zheng

  Existing studies have explored much of the geopolitics, economics and resources and international law dimensions of the South China Sea dispute, while less attention has been paid to concrete proposals for the resolution of the dispute. Past international practices has highlighted the great role and value that concrete proposals for conflict resolution can have in the management and settlement of inter-state conflicts. This may include inspiring creative thinking, breaking down complicated issue into smaller steps, and helping to postpone, avoid or defuse conflict or tensions. This article analyzes three popular concrete proposals for the South China Sea dispute, which represent respectively three resolution models—maritime delimitation, ownerships and joint development, and evaluates their feasibility and challenges. Based on the findings, this article then makes some policy suggestion for China’s policy towards the South China Sea dispute.

“One Belt One Road”, Peaceful Rise and Issues

Huang Jing

  “One Belt One Road” is a strategy in the process of formation. It is the most important pillar of Xi Jinping’s strategic design, reflecting Xi’s strategic concern for “viewing globally and initiating from the neighboring area” when implementing  China’s international strategy. This article analyzes the correlation between the “One Belt One Road” strategy and China’s Peaceful Rise. It argues that the “One Belt One Road” strategy is primarily an economic enterprise following the principles of market economy instead of a political show. Finally, it points out the possible risks and the issues worthy of attention when the “One Belt One Road” strategy is put into practice. Anyway, “One Belt One Road” is a very important thing for China and its enterprises, and it must be carried out by using the successful methods and experiences of China’s economic development.

“The Maritime Silk Road” and the Different Perspectives of the Relevant Countries

Hong Nong

   President Xi Jinping initiated the strategic proposal of joint development of the 21^st Century Maritime Silk Road in October 2013. During the past ten months or so, Chinese coastal provinces have responded to this strategy actively with policies based on their comparative advantages. Meanwhile, Chinese scholars, from a wide range of academic disciplines including politics, security, maritime studies and economics, have contributed to the Maritime Silk Road strategy with their constructive suggestions. In this social and academic context, this article reviews the viewpoints of and the responses to the Maritime Silk Road strategy respectively from neighboring countries, regional powers and the U.S.

An Analysis of the Philippines South China Sea Arbitration Case

Huang Ziyi

  In January 2013, the Republic of Philippines submitted its South China Sea dispute with China to international arbitration. This was the first time the South China Sea dispute was referred to an international third party dispute settlement mechanism. In the Fourth Procedural Order issued by the Arbitral Tribunal on 22 April 2015, the Arbitral Tribunal decided to treat China’s communications including the Position Paper as constituting a plea for purposes of Article 20 of its Rules of Procedure. It also decided to conduct a hearing on jurisdiction and admissibility in July 2015. Based on an analysis of the jurisdiction and admissibility question as well as the new Procedural Order, this article proposes a change of the course of action in China’s participation in the subsequent arbitral procedures and examines the effects this arbitration may have on the future South China Sea dispute resolution.

The Effectivités in the Territorial Acquisition of Maritime Features: With Particular Reference to the Legal Situation Pertaining to Nansha Islands

Tan Zhongzheng

   The validity of effectivités over disputed maritime features should be appraised within the legal framework of territorial acquisition. Conditions for valid effectivités relate to (i) the entity performing them, (ii) the intent to act as a sovereign, and (iii) material acts, all of which are accorded with a certain degree of flexibility in the context of maritime features. The legal implication of effectivités is restricted by various factors, which include, inter alia, (i) the existence or non-existence of a pre-existing legal title, (ii) unilateral conduct by relevant States, (iii) critical date, and (iv) Principle of the Prohibition of the Use of Force. China enjoys territorial sovereignty over Nansha Islands through the establishment and consolidation of her effectivités from time immemorial. Neighboring States’ effectivités over certain Nansha features is illegal and void in international law.

An Analysis of the Jurisdiction and Admissibility on the Philippines Arbitration Case

Zhang Shi’ao

   On February 19, 2013, the Republic of Philippines submitted the South China Sea dispute case to international arbitration set up by the UNCLOS. If the Arbitral Tribunal accepts the case as admissible, China will likely face more of such cases in the future. Nevertheless, given the fact that the South China Sea dispute involves disputes over territorial sovereignty and maritime delimitation, the jurisdiction and admissibility of the Tribunal, a dispute settlement mechanism ruled by Part XV of the UNCLOS, becomes the key factor determining the Philippines arbitration case. This article analyzes the claims from both the Philippines and China, explores the question of jurisdiction and admissibility of the Philippines arbitration case in light of relevant provisions of the UNCLOS and past cases, and makes a preliminary prediction on the possible outcome of this case.