Territorial Disputes in the South China Sea This Page Intentionally Left Blank Territorial Disputes in the South China Sea 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 Softcover reprint of the hardcover 1st edition 2015 978-1-137-46367-8 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. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries ISBN 978-1-349-49925-0 ISBN 978-1-137-46368-5 (eBook) DOI 10.1057/9781137463685 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. A catalog record for this book is available from the Library of Congress. 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 chapters 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 conference 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 territorial 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 publication 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, strategic 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 Notes on Contributors

Angelo Azura Jimenez is of counsel at the Jaromay Laurente and Pamaos Law Offices in the Philippines. He is also executive vice president of the Asia Pacific Basin for Energy Strategies, Inc., a Manila-based energy and economic think tank recently granted special consultative status by the United Nations Economic and Social Council (ECOSOC). Until 2007, he was deputy administrator of the Philippines’ Overseas Workers Welfare Administration (OWWA). He was Philippines’ labour attaché to Japan, Kuwait, and Iraq. While in government, he special- ised in crisis management, handled special assignments such as hostage rescue and negotiations in Iraq from 2004 to 2005, and was chair of the crisis management committee under the Department of Labour during the war in Lebanon in 2006. He took his degrees in Sociology and Law at the University of the Philippines, and his Masters in Public Management degree at the National University of Singapore, Lee Kuan Yew School of Public Policy. He completed a semester as a Lee Kuan Yew fellow at the Harvard Kennedy School of Government in 2012. Robert Beckman heads the ocean law and policy program and is the director of the Centre for International Law at the National University of Singapore (NUS), which was established in 2009. Beckman is also an associate professor at the NUS Faculty of Law. He currently teaches Ocean Law and Policy in Asia and Public International Law. He is an expert on the issues of law of the sea in Southeast Asia, including piracy, maritime security, the South China Sea, and the Straits of Malacca and Singapore. He served for several years as a regional resource person in the workshops on managing potential conflicts in the South China Sea. Professor Beckman also lectures in the summer programme at the Rhodes Academy of Oceans Law and Policy in Rhodes, Greece. Andrew Billo is an associate fellow with the Asia Society in New York, having worked there previously as assistant director for policy programmes. Billo provides frequent commentaries, op-eds, and research reports for international news outlets including CNN, Project Syndicate, The Atlantic, and a range of regional publications, including the Straits Times Singapore, Bangkok Post, The Diplomat, and the South China Morning Post. Prior to working at the Asia Society, he worked for seven years as

x Notes on Contributors xi an officer with the International Organization for Migration and was posted to Vietnam, Jordan, and Cambodia. Billo holds a master’s degree in Public Policy from the Lee Kuan Yew School of Public Policy, National University of Singapore and a master’s degree in International Affairs from Columbia University’s School for International and Public Affairs (SIPA). Patrick Cronin is a senior advisor and senior director of the Asia-Pacific Security Program at the Center for a New American Security (CNAS). Previously, he was the director of the Institute for National Strategic Studies (INSS) at National Defense University, United States, and has a nearly 30-year career inside government and academic research centres. He used to serve at the London-based International Institute for Strategic Studies (IISS) and the Center for Strategic and International Studies (CSIS). In 2001, he was confirmed by the Senate to the third- ranking position at the US Agency for International Development. Dr. Cronin received both his MPhil and DPhil degrees from the University of Oxford, and graduated with high honours from the University of Florida. Yang Fang commenced her doctoral studies with the Strategic and Defence Studies Centre at the Australian National University in July 2014. Previously, she was a research associate at the Centre on Asia and Globalisation (CAG) at the Lee Kuan Yew School of Public Policy, Singapore from 2011 to 2014. She was an Associate Research Fellow with the Maritime Security Programme at S. Rajaratnam School of International Studies (RSIS), Nanyang Technological University from 2009 to 2011 and received her MSc from RSIS in 2009. Her research interests lie in maritime security issues ranging from maritime boundary disputes in East Asia, to naval development in the Asia-Pacific, Asian countries’ interest in the Arctic, and non-traditional maritime security issues. Jing Huang is a Lee Foundation Professor on US-China Relations and Director of Centre on Asia and Globalisation (CAG) at Lee Kuan Yew School of Public Policy. As an internationally recognised expert on Chinese politics, China’s foreign relations and security issues in Asia- Pacific, Huang has written three books and numerous journal articles, book chapters, policy papers, and op-eds on Chinese politics, China’s development strategy, China’s foreign policy, US-China relations, the military, and security issues in the Asia-Pacific. His book, Factionalism in Chinese Communist Politics (Cambridge: Cambridge University Press, xii Notes on Contributors

2000), won Masayoshi Ohira Memorial Prize in 2002. Huang is also a columnist for several English and Chinese newspapers and magazines. Before joining the Lee Kuan Yew School, Huang was a Senior Fellow at the John Thornton China Center at the Brookings Institution (2004– 2008). He also worked at Harvard University (1993–1994), Utah State University (1994–2004) and Stanford University (2002–2003). Huang received his PhD in Political Science from Harvard University, MA from Fudan University, and BA from Sichuan University. Huang was a Residential Fellow at the Rockefeller Foundation Bellagio Center in 2012 and a Richard von Weizsäcker Fellow from the Robert Bosch Stiftung in 2014. Sharinee Jagtiani is a research associate at the Centre on Asia and Globalisation (CAG) at the Lee Kuan Yew School of Public Policy, Singapore. She has a master’s degree in International Relations from the University of Bristol, United Kingdom, and an undergraduate degree in Mass Media Journalism from the University of Mumbai, India. Her current research focuses on the regional security in Asia in the context of the Obama-endorsed “strategic re-balance” to Asia and China’s rise. Before CAG, she was a visiting research analyst with the South Asia Programme of the S. Rajaratnam School of International Studies, Nanyang Technological University. Yee Kuang Heng is an associate professor and assistant dean (Research) at the Lee Kuan Yew School of Public Policy. Dr. Heng’s research interests include security risks in the age of globalisation; Singapore’s experience of managing global risks as a global city; “soft” power strategies in the Asia-Pacific; great power politics; and strategic studies and the evolution of strategic cultures. Dr. Heng holds a PhD in International Relations from the London School of Economics and Political Science (LSE), UK, where he also taught from 2002 to 2003. Before joining the Lee Kuan Yew School, he was a lecturer (assistant professor) in International Relations at the University of St Andrews, UK (2007–2011). He was also a lecturer (assistant professor) in Political Science at Trinity College, Dublin, Ireland (2004–2007). Nguyen Thi Lan Anh is the vice dean of the International Law Faculty, Diplomatic Academy of Vietnam, where she has taught since 2000. She teaches courses in Public International Law, International Law of the Sea, and International Dispute Settlement. She is also a research fellow at the Institute for East Sea (South China Sea) Studies. Lan Anh received a bachelor of arts in Law from Hanoi Law University in 1998, a bachelor Notes on Contributors xiii of arts degree in International Relations from the Diplomatic Academy of Vietnam in 1999, and a master of arts in International, European and Commercial Law degree from the University of Sheffield in 2004. She obtained a PhD in International Law from the University of Bristol in 2008. Walter Lohman is director of The Heritage Foundation’s Asian Studies Center. Lohman joined Heritage in 2006 as senior research fellow for Southeast Asia, Australia, and New Zealand. He is also currently an Adjunct Professor at Georgetown University leading a graduate seminar on American foreign policy interests in Southeast Asia. Before joining Heritage, Lohman served as senior vice president and executive director of the US-ASEAN Business Council. The other part of Lohman’s career has been spent as a Senate staff member. In 2002, he served as senior professional Republican staff advising Sen. Jesse Helms (R-NC) on issues affecting East Asia. From 1991 to 1996, he served as a policy aide to Sen. John McCain (R-AZ) advising McCain on foreign policy, trade, and defense issues. Lohman has a bachelor’s degree in humanities from Virginia Wesleyan College and a master’s degree in foreign affairs from the University of Virginia. Hui-Yi Katherine Tseng is a research associate in the East Asian Institute. She obtained her doctoral degree with the University of Wisconsin, Madison, United States, after which she worked at the Beijing Arbitration Committee, studying arbitration issues in modern China. She has a master’s degree from Cambridge and New York University and was a part of the WTO negotiation team for the Taiwanese Government. Her research interests cover international dispute settlement, law of the sea, and international law and history. Zhang Xinjun is an associate professor of Public International Law at Tsinghua University, Beijing, China. His research interests include the Law of the Sea, International Environmental Law, Non-proliferation Law, and the Law of Treaties. He is the executive director of the Centre for the Law of the Sea Study in Tsinghua Law School. Map of South China Sea. Reproduced with permission from a map prepared by Clive Schofield and Andi Arsana of the Australian National Centre for Ocean Resources and Security (ANCORS), University of Wollongong, Australia, included with the January 2013 issue of the American Journal of International Law © 2013 American Society of International Law. All rights reserved.