The Impact of the Law of the Sea Convention on Conflict and Conflict Management in the South China Sea

This article examines the impact of the UN Law of the Sea Convention on conflict behavior and management in the South China Sea during four periods: during its negotiation (1973–1982); from its signing to the entry into force (1982–1994); from then until the China-ASEAN Declaration on the Conduct of Parties in the South China Sea (1995–2002); and from the setting of a timeline for outer limits of continental shelf submissions to the events following the 2009 submissions (2003–2013). Ambiguous effects were found. On the one hand, the Convention has generated or exacerbated conflict by raising the stakes, failing to resolve key legal issues, and encouraging overlapping zone claims. On the other hand, it has provided obligations, language, and techniques for conflict management and resolution. The conflict-enhancing impact was found to have been more substantial than the peace-promoting effects. Nevertheless, the balance has shifted toward more emphasis on conflict management and also some utilization of the Convention's peacemaking potential. If this long-term trend continues and the Convention is more rigorously respected and applied, the Convention may in the end be found to have contributed to regional peace.     

The U-Shaped Line and a Categorization of the Ocean Disputes in the South China Sea

A principal aspect of the territorial and boundary delimitation disputes in the South China Sea is the so-called U-shaped line. This article addresses the genesis and substantiation of the U-shaped line claims as well as the possible change in positions of the governments of the Republic of China and the People's Republic of China with respect to the historical waters claim, which is an integral part of their U-shaped line positions. A legal analysis of the various communications of the South China Sea players with respect to the U-shaped line helps to clarify and identify the nature of four kinds of legal disputes. It is also possible to differentiate the various degrees of difficulty involved in settling each of these disputes.     

The Potential Marine Pollution Threat from Oil and Gas Development Activities in the Disputed South China Sea/Spratly Area: A Role that Taiwan Can Play

This article examines the potential threat of marine pollution caused by offshore oil and gas development activities in the disputed areas of the South China Sea (SCS) and the Spratly Islands. After addressing the potential threat of marine pollution, it discusses the legal obligations and political commitment of the SCS littoral states regarding the protection of the marine environment in the area. The role that Taiwan can play in these matters is also examined.     

A Code of Conduct for Human and Regional Security Around the South China Sea

In the past decade, there have been calls for a regional code of conduct for the South China Sea to ensure peace and stability in a region replete with conflicting territorial claims over offshore geographical features. This paper will distinguish between the process of codification of rules and principles in one document, on the one hand, and the process of implementing existing rules and principles, on the other hand. It will be argued that rules and principles governing conduct for human and regional security around the South China Sea already exist in many forms and that the South China Sea states are obligated by international law to implement them without waiting for their consolidation in one document.     

China's Nine Dotted Lines in the South China Sea: The 2011 Exchange of Diplomatic Notes Between the Philippines and China

Important events relating to the sovereignty dispute over the Spratly Islands have arisen by fits and starts since 2009, marking the start of a new phase in the legal battle over territorial and maritime claims in the South China Sea. While the exchange of legal arguments between the parties has gradually laid bare their maritime claims, much still remains shrouded in uncertainty. Among the obscure claims wanting clarification is China's infamous nine-dotted-line map, which in 2011 elicited a response and counterresponse between the Philippines and China. This article examines the maritime and territorial claims of the Philippines and China as revealed in the recent discord over the nine-dotted-line map.     

Vietnam and the Code of Conduct for the South China Sea

This article portrays and characterizes the Vietnamese position toward the settlement of the island disputes in the South China Sea. The situation in the South China Sea has become more complicated since 1988 when China made its steps toward the Spratlys. After analyzing the situation in the South China Sea, the author emphasizes the need to have a code of conduct for this disputed area.     

Coastal States in the South China Sea and Submissions on the Outer Limits of the Continental Shelf

The purpose of this article is to examine the outer continental shelf submissions made by the coastal states of the South China Sea and their potential impact on legal and political developments in the South China Sea. In accordance with the United Nations Convention on the Law of the Sea of 1982 and the guidelines of the Commission on the Limits of the Continental Shelf, coastal states are to establish the outer limits of their continental shelf where it extends beyond 200 nautical miles. Meeting this obligation is complicated in enclosed or semienclosed seas where there are maritime disputes such as in the South China Sea.     

Climate Change and the Use of the Dispute Settlement Regime of the Law of the Sea Convention

This article explores the connection between obligations to reduce greenhouse gas (GHG) emissions under the climate change regime and obligations to protect the marine environment under the United Nations Convention on the Law of the Sea (UNCLOS). Within the context of the state of the science on the links between climate change and the marine environment, the article considers whether the emission of greenhouse gases as a result of human activity constitutes a violation of various obligations under the UNCLOS. Having identified a number of possible violations, the article proceeds to consider the application of the binding dispute settlement process under the UNCLOS and the possibility of a successful claim.     

Archaeal Diversity and Spatial Distribution in the Surface Sediment of the South China Sea

Archaea represent a significant portion of biomass in the marine sediments and may play an important role in global carbon cycle. However, the identity and composition of deep sea sediment Archaea are unclear. Here, we used the archaeal 16S rRNA gene primers to determine the diversity and community structure of Archaea from shallow water (<100 m) and deep water (>1500 m) sediments in the South China Sea. Phylogenetically the archaeal community is separated between the shallow- and deep sea sediments, with the former being dominated by the Thaumarchaeota and the latter by the Marine Benthic Group B, E and the South African GoldMine Euryarchaeotal Group as well as Thaumarchaeota. Sand content showed significant correlation with Thaumarchaeota, suggesting that the porous media may create an oxic environment that allowed these aerobic organisms to thrive in the surface sediments. The carbon isotope composition of total organic carbon was significantly correlated to the distribution of archaeal groups, suggesting that Archaea overall may be constrained by the availability or sources of organic carbon in the sediments of the South China Sea.     

Regional Cooperation in the South China Sea: Analysis of Existing Practices and Prospects

This article identifies potential areas of cooperation in the South China Sea, particularly on ocean-related matters. Several regional mechanisms related to marine and coastal environments have been established and, to an extent, have achieved their goals. Nevertheless, some improvements to existing mechanisms are highly desirable. Recommended is a regional mechanism that involves all bordering parties; limits its geographic scope to the South China Sea; is initiated and operates without the assistance of global organizations; is embodied in a legally binding instrument; and broadens the scope of cooperation to include marine living resources, maritime safety, and maritime security.     

2008年夏季南海北部浮游植物群落结构特征分析

根据2008年8月15日—2008年9月7日南海北部调查期间所获得的网采浮游植物资料,对该海域的4个断面共计13个站位的浮游植物群落结构特征进行了研究,包括种类组成、丰度、分布、多样性以及浮游植物群落结构与环境因子之间相关关系等基本状况。本次调查共鉴定出浮游植物4门53属169种(含变种和变型),主要以暖水性、广温性和广布性种为主,其中硅藻门(Bacillariophyceae)37属114种,占总种数的67.4%,甲藻门(Pyrrophyta)12属50种,占总种数的29.6%,蓝藻门(Cyanophyta)2属3种及金藻门(Chrysophyta)2属2种等。浮游植物丰度平均值为18.06×104cells/m3,其中硅藻丰度平均值为55.72×106cells/m3,甲藻丰度平均值为0.81×106cells/m3。调查区域内的优势种包括铁氏束毛藻(Trichodesmium thiebautii),洛氏角毛藻(Chaetoceros lorenzianus),柔弱菱形藻(Nitzschia delicatissima),红海束毛藻(Trichodesmium erythraeum)和菱形海线藻(Thalassionema nitzschioides)。藻类为聚类分析(UPMGA)将站点大致上分为4个生态区(珠江口生态区,吕宋海峡区,琼东上升流区和18°N断面区),结果表明,在地理位置上分布比较相近的站点具有较高的群落结构组成相似性。     

Declarations and Statements with Respect to the 1982 UNCLOS: Potential Legal Disputes between the United States and China after U.S. Accession to the Convention

This article discusses the implications of U.S. accession to the 1982 United Nations Convention on the Law of the Sea (UNCLOS) for the future development of Sino-American relations in the areas of ocean law and politics. The declarations and understandings contained in the Senate Resolution of Advice and Consent to U.S. Accession to the UNCLOS are examined in detail in the context of previous maritime conflicts between the United States and China.     

南海永兴岛的壁虎,兼记二新记录种

2017年12月对南海永兴岛的爬行动物进行了短期调查,发现3种壁虎科Gekkonidae动物,分别是截趾虎Gehyra mutilata、原尾蜥虎Hemidactylus bowringii和疣尾蜥虎H.frenatus。其中,截趾虎和原尾蜥虎为中国南海岛屿的新记录。     

Storm cycles in the last millennium recorded in Yongshu Reef, southern South China Sea

Large storm-relocated Porites coral blocks are widespread on the reef flats of Nansha area, southern South China Sea. Detailed investigations of coral reef ecology, geomorphology and sedimentation on Yongshu Reef indicate that such storm-relocated blocks originated from large Porites lutea corals growing on the spurs within the reef-front living coral zone. Because the coral reef has experienced sustained subsidence and reef development during the Holocene, dead corals were continuously covered by newly growing coral colonies. For this reason, the coral blocks must have been relocated by storms from the living sites and therefore the ages of these storm-relocated corals should approximate the times when the storms occurred. Rapid emplacement of these blocks is also evidenced by the lack of coral overgrowth, encrustation or subtidal alteration.U-series dating of the storm-relocated blocks as well as of in situ reef flat corals suggests that, during the last 1000 years, at least six strong storms occurred in 1064±30, 1210±5-1201±4, 1336±9, 1443±9, 1685±8-1680±6, 1872±15 AD, respectively, with an average 160-year cycle (110-240 years). The last storm, which occurred in 1872±15 AD, also led to mortality of the reef flat corals dated at ∼130 years ago. Thus, the storm had significant impacts on coral reef ecology and morphology.     

Microbial Diversity in the Deep Marine Sediments from the Qiongdongnan Basin in South China Sea

The continental shelf and slope in the northern South China Sea is well known for its prospect of oil/gas/gas-hydrate resources. To study microbial communities and their roles in carbon cycling, a 4.9-m sediment core was collected from the Qiongdongnan Basin on the continental slope of the South China Sea during our cruise HY4-2005-5 in 2005. Geochemical, mineralogical, and molecular phylogenetic analyses were carried out. Sulfate concentration in pore water decreased with depth. Abundant authigenic carbonates and pyrite were observed in the sediments. The bacterial community was dominated by aerobic and facultative organisms. Bacterial clone sequences belonged to the Gamma-, Alpha-, Deltaproteobacteria and Firmicutes group, and they were related to Fe(III) and/or Mn(IV) reducers, sulfate reducers, aromatic hydrocarbon degraders, thiosulfate/sulfite oxidizers, and denitrifiers. Archaeal clone sequences exhibited greater overall diversity than the bacterial clones with most sequences related to Deep-Sea Archaeal Group (DSAG), Miscellaneous Crenarchaeotic Group (MCG), and Uncultured Euryarchaeotic Clusters (UECs). Archaeal sequences related to Methanosarcinales, South African Gold Mine Euryarchaeotic Group (SAGMEG), Marine Benthic Group-D (MBG-D) were also present. Most of these groups are commonly present in deep-sea sediments, particularly in methane/organic-rich or putative methane hydrate-bearing sediments.