The South China sea: From conflict to cooperation?

This article provides a comprehensive review of the latest developments with respect to the Spratly Islands disputes in the South China Sea. By studying the national policies behind the evolution of these events it examines in particular some of their implications on regional relations and the future of the South China Sea, with special emphasis on China's policy toward the issue.     

The Northwest Passage Revisited

The Chinese annual fishing ban in the northwestern area of the South China Sea has been a cause for tension between Vietnam and China in recent years. This article advocates for the replacement of this unilateral fishing ban with a bilateral network of marine protected areas between China and Vietnam. Such a network, if properly implemented, could not only help to preserve the living resources of the South China Sea, but also contribute toward decreasing the tension between the two countries.     

浙江近海后鳃类软体动物的分布及其区系

报道了浙江近海的后鳃类97种,分别隶属于7目30科44属。其中我国沿岸广温广布种14种,主要分布于东海和南海的亚热带种50种,南海的热带种18种,渤、黄海延伸到东海北部的暖温带种15种。     

中国沿海海鞘的物种多样性

至今,中国海已经记录了66种海鞘。其中,渤海有5种,黄海21种,东海24种,南海53种。种类分布从北往南逐渐递增,柄瘤海鞘在黄海、渤海数量很大(8100个/m²),但往南分布,未发现超过罗源湾。皱瘤海鞘在南海数量很大(2225个/m²),往北也未发现超过罗源湾。玻璃海鞘和乳突皮海鞘在全国沿海都有分布。     

Setting Up International (Adversary) Regimes in the South China Sea: Analyzing the Obstacles from a Chinese Perspective

If the sovereignty issue can be shelved, solved, or resolved, the six claimant states of the South China Sea will have to establish a series of international regimes. The following questions need to be answered: Do all the claimants understand the concept of international regimes? Would the regimes be imposed? Would there be hegemon(s) in the South China Sea? If so, which country or multiple entities will be involved? What would be the outcome of having international regimes in the South China Sea? Can the experience elsewhere be applied to the South China Sea?     

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.     

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.     

Historic Titles and Historic Rights in the Law of the Sea in the Light of the South China Sea Arbitration

Historic titles and historic rights have been a complicated issue in the law of the sea both conceptually and practically. The South China Sea Arbitration between the Philippines and China raised important issues regarding the contemporary relevance and validity of historic claims, and the relationship between the Law of the Sea Convention and historic rights. This articles examines historic rights and historic titles in the law of the sea in the light of the South China Sea Arbitration and evaluates the contribution of the Tribunal's Awards to the clarification of these concepts.     

Genome scan of the mitten crab Eriocheir sensu stricto in East Asia: population differentiation, hybridization and adaptive speciation

We examine the genetic structure and evolutionary history of the mitten crab Eriocheir sensu stricto in East Asia by employing a genome scan - amplified fragment length polymorphism. Population analysis reveals three divergent clades in Eriocheir s. s., which dominate the East China Sea-Yellow Sea, the Sea of Japan (plus Okinawa) and the South China Sea, respectively, mostly in agreement with our previous mtDNA analysis. With the tropical South China Sea inferred as the origin, the East China Sea-Yellow Sea and the Sea of Japan clades in the north diverged successively from the ancestral clade during the mid-Pleistocene. The divergence of the three clades likely resulted from isolation of the three marginal seas caused by sea level change in the Pleistocene. Two sympatric zones, one of the East China Sea-Yellow Sea and the South China Sea clades in southeast China and the other of the East China Sea-Yellow Sea and the Sea of Japan clades in Vladivostok, are demonstrated to be hybrid zones, with hybridization occurring currently in the former but historically in the latter. Adaptive speciation is observed in the divergence process of the three clades, possibly because of selection from accumulated temperature. Our study indicates that the genetic structure and evolutionary history of Eriocheir s. s. have been primarily affected by Pleistocene glacial cycles, secondarily by divergent selection and drainage isolation, but only minimally by human activities.     

Intrusions of the Kuroshio Current in the northern South China Sea affect copepod assemblages of the Luzon Strait

We analyse the influence of the Kuroshio Current on copepod assemblages in the northern South China Sea. The assumption was tested whether predominant current regimes bring marine zooplankton and Copepoda from subtropical and tropical waters to the south of Taiwan. A total of 101 copepod species were identified from 26 families and 48 genera that include Calanoida, Cyclopoida, Harpacticoida and Poecilostomatoida. High copepod abundances in the study area are shown to be caused by both, a year-round Kuroshio Current intrusion and the SW monsoon, prevailing in the South China Sea during summer. Calanus sinicus did not appear in the samples, indicating that there was no cold water mass intrusion in the area during sampling. Both, the intrusion of the Kuroshio Branch Current to the Luzon Strait and the South China Sea circulation may play a more important role in shaping copepod assemblages in the region than hitherto expected. The abundance of copepods was higher above the 50 m isoline than at deeper strata. Species number and the Shannon-Wiener diversity index were higher with increasing depth. Copepod assemblage structure changed with different sampling depth and different sampling areas. Copepod abundance and species richness were higher in the northern South China Sea than in the Kuroshio Current area, and higher at lower latitudes than at higher latitudes. Some indicator species are characteristic for the Kuroshio Current and indicate with others that the study area accomodated water masses from the northern South China Sea as well as from the Kuroshio Current.     

Universalizing the Law of the Sea in the South China Sea Dispute

This article argues that a resolution of the maritime disputes in the South China Sea must be based upon a universalist framework where the maritime interests of the world are upheld. The article discusses the universalist framework of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the universalist approach taken by the Tribunal on 12 July 2016 in the South China Sea Arbitration regarding the extinguishment of a state's “exceptionalist” maritime claims and the adoption of strict criteria for the characterization of features at sea.     

China,Vietnam, and the South China Sea: Disputes and Dispute Management

This article examines recent developments in the South China Sea; in particular, the China-Vietnam relationship. The developments are presented in the broader context of the Sino-Vietnamese approach to managing border disputes since full normalization of relations in late 1991. The challenges for China and Vietnam in managing their disputes and related tension in the South China Sea are also discussed.     

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.     

南海南部表层海水古温度估算与次表层海水特征变化

南海南部～2 MaBP以来的表层海水古温度估算表明,表层海水温度变化在更新世冰期旋回中波动比南海北部为小、保持比较温暖,但在长时间尺度上转换函数古水温仍然存在一定的变化趋势。转换函数古温度计算的低温时期并不与冰期相对应,表明南海南部具有独特的表层海洋演化特征,可能与次表层水体性质、上部水体结构等密切相关。过去2 MaBP以来的浮游有孔虫组合演化表明,南海南部海水温跃层呈现由氧同位素MIS79期向～53期相对变浅,自MIS 53期向布容／松山(B／M)古地磁界线附近变深,然后,自布容／松山界线以来又相对变浅的演化过程。     

Monitoring of sea surface temperature in the South China Sea

Since the early 1980s, the Malaysian Meteorological Service (MMS) has made concerted efforts to build up adequate meteorological data base for the South China Sea and the Straits of Malacca. Close rapport with local oil companies and universities has enabled MMS to widen its sources of such data.This data base has been used to carry out a study on the influence of the sea surface temperature (SST) variations in the South China Sea on the atmosphere during the northern hemisphere winter. Encouraging results of the study has prompted MMS to initiate real-time monitoring of the SST in the South China Sea. These data are available to local scientists who are interested in studying the effects of such variation on marine life in the Malaysian Exclusive Economic Zone (EEZ).     

The 2002 Declaration on the Conduct of Parties in the South China Sea: A Note

In November 2002 the ASEAN states and the People's Republic of China agreed upon a Declaration on the Conduct of Parties in the South China Sea. This note, a follow-up to the author's article, "Vietnam and the Code of Conduct for the South China Sea" (Ocean Development & International Law, Vol. 32, pp. 105-130 (2000)), briefly describes the contents and importance of the 2002 Declaration.­     

Reflections on the Interpretation and Application of Article 121(3) in the South China Sea Arbitration (Merits)

The 2016 South China Sea Arbitration Award provided a detailed review of the interpretation of Article 121(3) of the U.N. Convention on the Law of the Sea. According to the Tribunal, Article 121(3) performs a preventive function by disabling tiny features from unfairly generating enormous entitlements to maritime space that does not serve the local population. This provision also contributes to safeguarding of the Common Heritage of Mankind. The Tribunal's interpretation seems to reflect development of the law of the sea toward protection of the common interests of the international community. However, since the Tribunal's interpretation is not anchored in state practice and the jurisprudence, whether the interpretation can be generalized needs careful consideration.     

广东上川岛潮间带软体动物的分布

对上川岛潮间带软体动物进行了采集调查,共鉴定软体动物172种,分属53科。其中瓣鳃纲20科81种,占总数47．09％,腹足纲33科91种,占总数52．91％。分析表明,其区系特点是以南海亚热带-热带种和东海、南海亚热带种为主要成分。     

福建平潭岛海域底栖贝类物种多样性及其地理分布

海洋底栖贝类是海洋底栖无脊椎动物的重要代表。福建平潭岛地处台湾海峡西岸北部, 是中国大陆距台湾岛最近之处, 其海域内的底栖贝类区系对了解台湾海峡及其附近海域的生态环境和底栖生物地理格局具有重要意义。本文基于对2015-2018年间中山大学国土资源与环境系在平潭岛海域采集的3,346号底栖贝类标本的鉴定, 结合已发表文献整理出了平潭岛海域底栖贝类名录, 并梳理了各物种在中国近海的地理分布类型。结果显示, 本研究所采标本分属58科122属161种, 其中47种为平潭岛海域新记录。结合历史文献记录, 平潭岛海域共有底栖贝类98科244属395种。其中93.7%的种类在南海亦有分布, 82.0%的种类在东海有分布, 31.1%的种类在黄渤海有分布, 42.3%的种类在台湾岛东部海域有分布。南海-东海分布型种类占区系总种数的49.9%; 其次为南海-黄渤海分布型(27.6%)和南海-台湾海峡分布型(16.2%)。分布限于台湾海峡及其以北的种类仅占总种数的6.3%。研究结果表明, 平潭岛海域底栖贝类区系具典型的亚热带性质, 暖水性种类和广温性种类占主要优势, 与南海北部和东海大陆沿岸地区的关系密切, 与台湾岛周边海域的联系相对较弱。     

Mitochondrial control region variability of baiji and the Yangtze finless porpoises,two sympatric small cetaceans in the Yangtze river

BaijiLipotes vexillifer (Miller, 1918) and the Yangtze finless porpoiseNeophocaena phocaenoides asiaeorientalis (Pilleri and Gihr, 1972) are two sympatric small cetaceans inhabiting the middle and lower reaches of the Yangtze River. In this study, a fragment (420–428 bp) of the mitochondrial control region was sequenced to provide the first comparative survey of genetic variability and population structure in these two endangered species, with samples of finless porpoises from the Yellow/Bohai Sea, East China Sea, and South China Sea also included. Low values of haplotype diversity and nucleotide diversity were found for both species, especially for the baiji and the Yangtze River and South China Sea populations of finless porpoises. The analysis of molecular variance (AMOVA) supported a high level of overall genetic structure among three porpoise populations in Chinese waters, with greatest differences found between either the Yangtze River population or the Yellow Sea population and the South China Sea population. The differentiation between the Yangtze and Yellow Sea populations was not significant, and the males have higher genetic differentiation than the females, suggesting a significant female-biased dispersal between these two populations. This study showed that the Yangtze finless porpoise, unlike the sympatric baiji, was not a genetically isolated population. The Yangtze and Yellow Sea porpoises should be included in the same management unit, but further studies using more samples and especially based on more molecular markers are urgently needed to confirm this.