Malaysia 's Approach On Resolving The South China Sea

Throughout this course thus far we have generically discussed the various models of mediation(in particular facilitative),skills and tasks needed by a mediator to conduct a successful mediation. The facilitative approach we have been studying, via theory and in-class exercises has afford us some great insight into mediating into a variety of domestic conflicts from family to business disputes.However,there is a whole other subfield in mediation ,which we have not discussed and that is international mediation. International mediation also has a variety of forms. Cases for mediation can range from a conflict between two states, an ethnic conflict that, has bought violence within a particular state, or perhaps a business dispute between

The U.S. and Australian alliance share an interest in maintaining the peace and stability in the Asian- Pacific

So the theory suggests that because democracies externalise their interstate norms, they resolve disputes with other states like them in a peaceful way. Hence domestic inner-state policies influence their foreign policies. However, this proclamation is disputed by C. Layne who argues that the ‘crux’ of this theory is that if the assumption that democracies promote their peaceful inner-state norms and beliefs, then they shouldn’t ever threaten other democracies, especially not in a crisis. I will use the case study of the ‘Trent affair’ to provide evidence of how war was avoided. I will argue that in this case, war was avoided not because of the domestic pacific influence on foreign policy but because of other strategic reasons.

• Principal Task Two: contribute to stability and security in the South Pacific and Timor-Leste;

The U.S. is also very interested in continuing the freedom of navigation, which includes unimpeded lawful navigation for commercial, private and military vessels and aircraft.15 Our opinion has been that coastal states must respect accepted UNCLOS language that all “high seas freedoms,” including peaceful military operations, are applicable in the EEZs of coastal states.16 Although, the U.S. supports increased military access within the SCS, we have rejected the use of force or coercion by any of the claimants to resolve sovereignty disputes or change the status-quo of disputed SCS features.

Applying Concepts of Chapter 3 to any global dispute. What are the many unresolved issues?

In deciding on which course of action would be the most appropriate in resolving the Taiwan-China conflict, it would be necessary to understand the conflict and the attempts made to resolve such conflict to have a proper perspective on the issue. It would also help to analyze why the previous techniques were not successful before adopting any policy recommendation to resolve the conflict.

As of today, China has expanded and built over seven artificial islands in the South China Sea since 2014. The South China Sea has recently come to be a major problem in Asia as issues have risen over who has rights of passage and claims in this area. The Chinese of recent have been making territorial claims in the South China Sea that are in areas of free passage for many other Asian countries and the United States. In October 2015, a U.S. guided missile destroyer encountered one of the artificial islands and China’s response was that it would “take any measure” to maintain its security in “their territory”. The Chinese have been questioned in the Permanent Court of Arbitration by the Philippines after claiming rights to historical locations in the South China Sea, which violates sovereign rights of the Philippines, yet China responded to this outcome with refusal and has continued to advance itself in the territory causing huge disputes with its neighboring countries as freedom of navigation has been compromised through China’s actions.. In order to guarantee resolution and maintain the freedom of navigation aspect of international law there needs to be a foreign policy put in place that puts more United States military in the South China Sea with support from disputing countries like Japan and the Philippines as a way to make the issue multilateral and law abiding.

The interactions between nation states compose the framework of the modern world. The world’s affairs are shaped by the diplomatic engagements of nations with one another, with each country playing on its own interests and concerns on the global stage. While no tangible system of international law rigidly regulates diplomacy, philosophies exist attempting to describe and even predict the interactions between countries. Among these is the notion of “democratic peace,” that which predicts a largely pacifist interaction between states, particularly democracies. Democratic peace plays on an optimistic view of democracies shaping their diplomatic practices with one another in an amicable manner as it provides that democracies inherently respect each other and their corresponding ways, while also listening to their inherent accountability to their people. While ideal, democratic peace fails to describe historical exchanges between democratic states, even in those instances in which tense dealings did not result in warfare. An opposing thought is provided as the reason why such an ideal fails, and it follows that “realist” interactions between nations is based largely on the very survival of the states involved. As such, factors like international prestige, and perceived strength come into play, and given these factors strong link to a demonstration of strength through potential warfare, democratic peace fails to be an accurate representation of present diplomatic practice given

The dispute over the South China Sea denotes the process of power rebalancing while China rising as a hegemony in East Asia. China craves for more resources and power and decides to effectuate that by controlling more maritime territory. This act impelled the United State to align with the Philippines to balance with China. In a realism world, U.S. has adequate reason to intervene for fear for China becoming too strong a power.

The territorial and maritime disputes over the South China Sea (SCS) have been ongoing for decades. The disputes have been considered to be one the fiercest-contested in Asia. The South China Sea is an enclosed sea surrounded by several different states. China, the Philippines, Vietnam, Brunei, Taiwan, and Malaysia all surrounded the South China Sea. The main cause of tension in this dispute is because China claims to have “historical sovereignty” over all of the South China Sea. Associations of Southeast Asian Nations (ASEAN) have come up with different discussions and suggestions on how to end the disputes with favorable conditions for all contending states. They use the principles of the United Nation Convention of the Law of the Sea (UNCLOS) and form the Declaration on the Conduct of Parties in the South China Sea (DOC). The states surrounding the South China Sea possess 12 nautical miles territorial sea and 200 nautical miles exclusive economic zones (EEZs). Thus, the South China Sea is not only international waters, instead, it is also overlapping exclusive economic zones. According to UNCLOS, disputes over exclusive economic zones must be resolved through negotiations by the contending states. Many of these contending Southeast Asian states have negotiated their maritime boundaries, however, China fails to comply. China claims that it owns all of the South China Sea, and therefore, has no need to

Nowadays, the conflict of territory solving in the world causes many complicated problems among countries, as well as tensions in foreign policies. One of these conflicts is the dispute in South China Sea between China and six neighbor ASEAN countries. With the intervention of the United States, the issue turns to be more serious as it attracts a lot of concerns from international community. This research tries to find a clear way of understanding the South China Sea conflict, specifically about the effort of China and Vietnam to gain the control over the two groups of islands: Paracel and Spratly. The hypothesis intends to express the possibility about Vietnam’s victory in this conflict with the help of the United States.

The World Trade Organization (“WTO”) Dispute Settlement System and the International Centre for the Settlement of Investment Disputes (“ICSID”) are two of the most widely used methods of international dispute settlement.

First, the South China Sea constitutes the eastern approach to the Strait of Malacca, one of the “world's four most important strategic maritime passages,” and therefore contains the vital SLOCs between the Indian and Pacific Oceans.3 Figure 1. provides a visual representation of the SLOCs running through the South China Sea. “About 25% of the global shipping fleet transits through the region each year, underlining the importance of the South China Sea as an extension of the Malacca chokepoint.”4 That 25% traveling these SLOCs includes over half of the world’s shipping for oil and gas every year.5 Considering the volume of traffic passing through the South China Sea, a disruption of traffic along these SLOCs caused by a claims dispute or even armed conflict will rapidly generate negative global effects. Short of military action, challenges such as natural disasters6 or piracy require an international unified action (or at least, de-conflicted action) from multiple if not all South China Sea claimant nations.

The first paragraph of this essay will explain the concept of security dilemma, security issues in the constructivist approach and the construction of identity in international relations. The second paragraph will introduce ASEAN and its identity. The paragraph before last will mention the interaction of the People’s Republic of China and the United States of America in the region which resulted in a security dilemma in ASEAN, then the last section will be the conclusion and the summary of answers to the aforementioned.