Territorial Disputes in the South China Sea Jing Huang Andrew Billo Navigating Rough Waters Territorial Disputes in the South China Sea This page intentionally left blank Territorial Disputes in the South China Sea Navigating Rough Waters Edited by Jing Huang Lee Foundation Professor on US-China Relations and Director, Centre on Asia and Globalisation, Lee Kuan Yew School of Public Policy, National University of Singapore Andrew Billo Associate Fellow, Asia Society Selection and Editorial Matter © Jing Huang and Andrew Billo 2015 All Remaining Chapters © Their Remaining Contributors 2015 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6–10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2015 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. 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Contents Acknowledgements vii Centre on Asia and Globalisation, Lee Kuan Yew School of Public Policy, National Univeristy of Singapore ix Notes on Contributors x Introduction: Unknotting Tangled Lines in the South China Sea Dispute 1 Jing Huang and Sharinee Jagtiani Part I Origins 1 Origins of the South China Sea Dispute 15 Nguyen Thi Lan Anh Part II Legal Dimensions 2 “Setting Aside Disputes and Pursuing Joint Development” at Crossroads in South China Sea 39 Zhang Xinjun 3 The Philippines v. China Case and the South China Sea Disputes 54 Robert C. Beckman Part III The Role of ASEAN: Challenges and Choices 4 ASEAN’s Position on the South China Sea and Implications for Regional Peace and Security 69 Yee Kuang Heng 5 A Critical Assessment of ASEAN’s Diplomacy Regarding the South China Sea 82 Walter Lohman v vi Contents Part IV Regional Perspectives 6 Philippines’ Approaches to the South China Sea Disputes: International Arbitration and the Challenges of a Rule-Based Regime 99 Angelo A. Jimenez 7 Taiwan in the South China Sea Disputes: Policies and Prospects 128 Hui-Yi Katherine Tseng Part V Solutions and Future Prospects 8 The United States, China, and Cooperation in the South China Sea 149 Patrick M. Cronin 9 The South China Sea Disputes: Whither a Solution? 164 Yang Fang Conclusion: Harmony from Disunity: Core Issues and Opportunities in the South China Sea 189 Andrew Billo Index 205 Acknowledgements This publication is a joint effort of all the contributing authors, whose research expertise has made this volume rich with perspective and analysis. This volume would not have been possible without funding from the Centre on Asia and Globalisation (CAG), Lee Kuan Yew School of Public Policy, National University of Singapore. The chap- ters in this volume are a product of a conference co-hosted by CAG and Asia Society that was held at the latter’s headquarters in New York, in March 2013. Apart from the contributing authors, the conference welcomed Ambassador Christopher Hill, Dean of the Josef Korbel School of International Studies, University of Denver; Ms. Nguyen Thi Thanh Ha, Director General of Department of International Law and Treaties, Ministry of Foreign Affairs of Vietnam; Ambassador Stapleton Roy, Director of Kissinger Institute on China and the Unites States, Woodrow Wilson International Center for Scholars; Jerome A. Cohen Professor of law, New York University School of Law; General Zhu Chenghu, Dean of the Defense Affairs Institute, China’s National Defense University of the People’s Liberation Army; Bernard Oxman, Richard A. Hausler Professor of Law, University of Miami; Duncan McCargo, Professor of Southeast Asian Politics, University of Leeds; Professor David Denoon, Professor of Politics & Economics, Director, New York University Center on US-China Relations, and Mr. Henry S. Bensurto, Jr. Secretary General, Commission on Maritime and Ocean Affairs Secretariat, Department of Foreign Affairs, Philippines. These experts were a key part of this confer- ence as speakers, session moderators, and discussants. Their invaluable comments were used by contributors when revising their papers for publication. In addition, a number of staff from CAG and Asia Society deserve acknowledgement for their valuable assistance in both the prepara- tion of this volume’s contributions for publication and for helping to run the research project that the volume stems from. The team at the Centre on Asia and Globalisation – Jasmin Kaur, manager at CAG, and Research Associates Yang Fang and Chen Huaiyan–played an essential role in ensuring that the conference held in March 2013 was a great success. The team at Asia Society included Tom Nagorski, Asia Society’s executive vice president, and Michael Roberts, former executive director vii viii Acknowledgements of Asia Society’s New York Public Programmes Division, who ardently supported providing a platform for discussion of South China Sea terri- torial disputes. In addition, Diana Choi, former Asia Society Programme Officer, spent many hours supporting the project’s development, including significant liaison with the conference attendees and handling numerous other logistical arrangements. Yoshie Ito, Asia Society’s assistant director for Business Programmes, Ann Kirkup, manager in the New York Public Programs Department, Feng Feng, James Kochien, Bart Orr, Jenna Pan, and Krystal Sevilla also assisted in implementing the conference programme. Our deep appreciation also goes to Andrew Baird at Palgrave for his helpful and timely correspondence and coordination with us in the process of publication. Further, we thank the copy editors who have scrutinised the chapters for consistency. Last but not least, Sharinee Jagtiani is indispensable for the publica- tion of this volume. As a researcher at CAG, not only did she carry out the painstaking task of copy-editing, but she also acted as the “gate- keeper” for all the chapters to make sure the analysis is factually accurate and logically sound. Centre on Asia and Globalisation, Lee Kuan Yew School of Public Policy, National University of Singapore The Centre on Asia and Globalisation (CAG) at the Lee Kuan Yew School of Public Policy, National University of Singapore, is a leading research institute focused on producing quality academic research relevant to public policy. Its motto “Objective Research with Impact” reflects the centre’s commitment to ensuring that its analysis informs policy practi- tioners, academics, and the general public of the trends of political and economic development in Asia and its implications to global peace and stability. This takes place through a combination of rigorous academic inquiry, expert collaboration, high-level dialogue, public outreach, stra- tegic networks, and capacity building and training. The institute, staffed by an international team of researchers, is uniquely placed to bridge Asia and the world on issues of global significance. Within this remit, the centre focuses on four main areas: ● Great Power Relations in the Asia-Pacific ● Developing Asia Pacific’s Last Frontier ● Public Goods Issues ● Major Issues in maintaining Regional Peace and Development In recognition of the complex inter-relationship between levels of decision-making, CAG investigates the above fields at global, regional, national, and sub-national levels. It welcomes exchange with other researchers, governments, business, civil society, and other stakeholders. ix