• Burmese
Friday, July 18, 2025
No Result
View All Result
NEWSLETTER
The Irrawaddy
27 °c
Yangon
  • Home
  • News
    • Burma
    • Politics
    • World
    • Asia
    • Myanmar’s Crisis & the World
    • Ethnic Issues
    • War Against the Junta
    • Junta Cronies
    • Conflicts In Numbers
    • Junta Watch
    • Fact Check
    • Investigation
    • Myanmar-China Watch
    • Obituaries
  • Politics
  • Business
  • Opinion
    • Commentary
    • Guest Column
    • Analysis
    • Editorial
    • Stories That Shaped Us
    • Letters
  • Junta Watch
  • Ethnic Issues
  • War Against the Junta
  • In Person
    • Interview
    • Profile
  • Books
  • Donation
  • Home
  • News
    • Burma
    • Politics
    • World
    • Asia
    • Myanmar’s Crisis & the World
    • Ethnic Issues
    • War Against the Junta
    • Junta Cronies
    • Conflicts In Numbers
    • Junta Watch
    • Fact Check
    • Investigation
    • Myanmar-China Watch
    • Obituaries
  • Politics
  • Business
  • Opinion
    • Commentary
    • Guest Column
    • Analysis
    • Editorial
    • Stories That Shaped Us
    • Letters
  • Junta Watch
  • Ethnic Issues
  • War Against the Junta
  • In Person
    • Interview
    • Profile
  • Books
  • Donation
No Result
View All Result
The Irrawaddy
No Result
View All Result
Home News Asia

Singapore Forum Seeks Spratlys Options

Khan VU Duc by Khan VU Duc
May 26, 2013
in Uncategorized
Reading Time: 4 mins read
0 0
A A
Singapore Forum Seeks Spratlys Options

Motorboats anchor at a partially submerged island in the Truong Sa islands

3.4k
VIEWS
Share on FacebookShare on Twitter

On May 31, delegates primarily from the Asia-Pacific states will gather again in Singapore for the Shangri-La Dialogue. The three-day security forum, held annually by the International Institute for Strategic Studies (IISS) since 2002, addresses a wide array of regional and non-regional security issues. It should then surprise no one that on the agenda will be a discussion on avoiding conflict at sea.

Suffice it to say, maritime and territorial disputes present a threat to the peace and security of the Asia-Pacific region. Front and center of these disputes is the fluid and volatile situation in the South China Sea, particularly in the area of the Spratly Islands, which are being contested by several nations. Far from a recent development, these disputes have been long-running. However, as the Asia Pacific increases in prominence on the world stage in economic development, the need to resolve these disputes is becoming urgent.

Having pursued diplomatic and political alternatives to no avail, the Philippines has ultimately taken its case against China to the International Tribunal for the Law of the Sea (ITLOS), seeking arbitration to settle the South China Sea disputes. In response, China has refused to participate in or even acknowledge the legal proceedings, surrendering its chance to appoint one of the five arbitrators who will hear the case.

RelatedPosts

Plundering Paradise: China’s Role in Myanmar’s Environmental Crisis

Plundering Paradise: China’s Role in Myanmar’s Environmental Crisis

January 24, 2025
1.7k
Jade prospectors pick through discarded earth at a disposal site for a jade mine in Hpakant, Kachin State. / C Thu / Myitkyina Journal

Myanmar’s Jade-Rich Hpakant Caught in a ‘Winner’s Curse’

July 13, 2020
7.9k
The Letpadaung copper mine project in Sagaing Region in 2012 / The Irrawaddy

Potential Environmental and Social Impacts of Chinese Mega-Projects in Myanmar Raise Concerns

November 19, 2019
12.1k

Despite China’s absence, however, a legal victory for the Philippines is far from certain; and as this case will likely highlight, to be observed by other claimant states with similar stakes in the South China Sea, international law is far from perfect.

International Law Shortcomings

To resolve the disputes via international law will require overcoming seemingly insurmountable obstacles. The first hurdle facing the Philippines is ITLOS’s authority to settle those matters brought before it.

The next hurdle then becomes enforcing the tribunal’s ruling. Even if the Philippines achieves a successful legal outcome, who and what will prevent China or any other country from violating ITLOS’s decision? Whereas within countries the police the enforce laws of the land, no such police exist at the international level.

Regardless of the legal outcome of the Philippine appeal for arbitration, assuming China ignores ITLOS’s ruling, other claimant states are unlikely to seek settlement via international law given the lack of enforcement mechanisms.

Should international law fail to resolve these disputes, their peaceful settlement will fall upon the shoulders of claimant states and the international community. Given how little progress has been made in resolving these disputes, however, it is difficult to imagine how much will be accomplished. Nevertheless, it is worth hypothesizing and examining what choices face claimant states and the international community.

Searching for Alternative Solutions

The international community could, as a matter of emergency, establish a maritime police force to monitor naval activities in the South China Sea. Such a force should omit those claimant states involved in the disputes, relying instead on third parties. However, the difficulty then becomes finding states not only capable of fielding such a force but also willing to volunteer resources. In addition, claimant states must have confidence in the impartiality and reliability of this force so as to provide it (the maritime police force) with the required credibility to carry out its mission. Given the indefinite nature of the South China Sea disputes, it is questionable if an international maritime police force could remain active until the disputes are resolved.

Another option for claimant states, if the option of a maritime police force is unpalatable, is to set aside all questions of sovereignty and resolve to partake in a joint exploration of resources in the disputed region (specifically with regard to the Spratlys). The challenge then becomes one of power sharing—that is, not all claimant states stand equal with China, holding the most influence in terms of economic and military might, and therefore the country most likely to benefit from such an arrangement. As a result, the power to negotiate and leverage goes to the strongest state, leaving a country like Brunei at a disadvantage.

If the question of sovereignty remains insurmountable, claimant states should at least seek a temporary modus vivendi (an agreement between the parties that they agree to disagree), to set aside differences and focus on resolving those matters that can be agreed upon. In dealing with the lowest common denominator, it is hoped that at least some progress can be made. Failure to achieve even this, however, and it is unlikely that the South China Sea disputes can be resolved peacefully.

No Silver Bullet

Although it is unlikely that a solution to these disputes will be found at the Shangri-La Dialogue, the forum does provide an opportunity for those contesting states to discuss the matter at length behind closed doors, free from political grandstanding and rhetoric.

Delivering the keynote address at the forum will be Prime Minister Nguyen Tan Dung of Vietnam, whose country is also in conflict with China over the Paracel Islands, in addition to the Spratlys. It is likely that he will share his thoughts on the regional disputes and urge fellow contesting states and the international community to assist in bringing these matters to a peaceful resolution.

While there is no single, easy solution to the South China Sea disputes, to do nothing is most certainly not the answer. The Shangri-La Dialogue might not provide an answer to the maritime and territorial disputes, but it will allow countries to share their concerns, talk, and perhaps pave a path toward a peaceful settlement.

Khanh Vu Duc is a lawyer and part-time law professor at the University of Ottawa who researches on Vietnamese politics, international relations and international law.

Your Thoughts …
Tags: Natural Resources
Khan VU Duc

Khan VU Duc

Asia Sentinel

Similar Picks:

Plundering Paradise: China’s Role in Myanmar’s Environmental Crisis
Guest Column

Plundering Paradise: China’s Role in Myanmar’s Environmental Crisis

by Vaishali Basu Sharma
January 24, 2025
1.7k

China’s aggressive resource extraction in Myanmar is leaving a trail of environmental destruction and debt dependency in its wake, warns...

Read moreDetails
Burmese Tycoon Tay Za Claims Uranium Unearthed in Burma
Business

Burmese Tycoon Tay Za Claims Uranium Unearthed in Burma

by Thit Nay Moe
January 20, 2015
8.5k

Tay Za, one of Burma’s biggest business tycoons, claims that he obtained and subsequently turned over to the government a...

Read moreDetails
The Letpadaung copper mine project in Sagaing Region in 2012 / The Irrawaddy
Analysis

Potential Environmental and Social Impacts of Chinese Mega-Projects in Myanmar Raise Concerns

by Nan Lwin
November 19, 2019
12.1k

Failing to learn lessons from existing projects, officials tout the benefits of BRI projects while ignoring locals’ fears of land-grabs,...

Read moreDetails
Twenty-five artists reflect on political changes in Myanmar at an exhibition at the American Center in Yangon.
Specials

Alternative School Near Inle Reimagines Primary Education

by Tin Htet Paing
June 23, 2017
15.2k

Built from sustainable materials and emphasizing play and inclusivity, the Inle Heritage Private School is the first of its kind...

Read moreDetails
Miners search for jade stones at a mine dump at a Hpakant jade mine in Kachin state, Myanmar November 28, 2015. / Soe Zayar Tun / Reuters
Guest Column

Kachin’s Natural Resources: A Curse More Than a Blessing

by Joe Kumbun
August 28, 2017
9.7k

Robust economic institutions are needed to ensure fair allocation of natural resources, writes Joe Kumbun.

Read moreDetails
Jade prospectors pick through discarded earth at a disposal site for a jade mine in Hpakant, Kachin State. / C Thu / Myitkyina Journal
Guest Column

Myanmar’s Jade-Rich Hpakant Caught in a ‘Winner’s Curse’

by Joe Kumbun
July 13, 2020
7.9k

The government must reform the way gems are mined and revenue is reported, or locals in Hpakant will continue to...

Read moreDetails
Load More
Next Post
Pathein Air Force Officer Charged After Attack on Couple

Pathein Air Force Officer Charged After Attack on Couple

14 Killed in New Anti-Terror Philippine Offensive

14 Killed in New Anti-Terror Philippine Offensive

No Result
View All Result

Recommended

What the ‘Snake Charmer’ Analogy Gets Wrong About Myanmar

What the ‘Snake Charmer’ Analogy Gets Wrong About Myanmar

3 days ago
1.3k
Myanmar Junta’s Recapture of Nawnghkio Shows Strategic Missteps by TNLA

Myanmar Junta’s Recapture of Nawnghkio Shows Strategic Missteps by TNLA

15 hours ago
779

Most Read

  • Rakhine Fighters Close In on Myanmar Junta’s Naval Base

    Rakhine Fighters Close In on Myanmar Junta’s Naval Base

    shares
    Share 0 Tweet 0
  • Indian Army Accused of Deadly Strike on Separatists in Myanmar

    shares
    Share 0 Tweet 0
  • Myanmar Junta’s Recapture of Nawnghkio Shows Strategic Missteps by TNLA

    shares
    Share 0 Tweet 0
  • Behind the Scenes: China’s Hand in Myanmar’s Election

    shares
    Share 0 Tweet 0
  • Myanmar Junta’s Power Transfer Looms, but Real Control to Remain With Regime Boss

    shares
    Share 0 Tweet 0

Newsletter

Get The Irrawaddy’s latest news, analyses and opinion pieces on Myanmar in your inbox.

Subscribe here for daily updates.

Contents

  • News
  • Politics
  • War Against the Junta
  • Myanmar’s Crisis & the World
  • Conflicts In Numbers
  • Junta Crony
  • Ethnic Issues
  • Asia
  • World
  • Business
  • Economy
  • Election 2020
  • Elections in History
  • Cartoons
  • Features
  • Opinion
  • Editorial
  • Commentary
  • Guest Column
  • Analysis
  • Letters
  • In Person
  • Interview
  • Profile
  • Dateline
  • Specials
  • Myanmar Diary
  • Women & Gender
  • Places in History
  • On This Day
  • From the Archive
  • Myanmar & COVID-19
  • Intelligence
  • Myanmar-China Watch
  • Lifestyle
  • Travel
  • Food
  • Fashion & Design
  • Videos
  • Photos
  • Photo Essay
  • Donation

About The Irrawaddy

Founded in 1993 by a group of Myanmar journalists living in exile in Thailand, The Irrawaddy is a leading source of reliable news, information, and analysis on Burma/Myanmar and the Southeast Asian region. From its inception, The Irrawaddy has been an independent news media group, unaffiliated with any political party, organization or government. We believe that media must be free and independent and we strive to preserve press freedom.

  • Copyright
  • Code of Ethics
  • Privacy Policy
  • Team
  • About Us
  • Careers
  • Contact
  • Burmese

© 2023 Irrawaddy Publishing Group. All Rights Reserved

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
No Result
View All Result
  • Home
  • News
    • Burma
    • Politics
    • World
    • Asia
    • Myanmar’s Crisis & the World
    • Ethnic Issues
    • War Against the Junta
    • Junta Cronies
    • Conflicts In Numbers
    • Junta Watch
    • Fact Check
    • Investigation
    • Myanmar-China Watch
    • Obituaries
  • Politics
  • Opinion
    • Commentary
    • Guest Column
    • Analysis
    • Editorial
    • Stories That Shaped Us
    • Letters
  • Ethnic Issues
  • War Against the Junta
  • In Person
    • Interview
    • Profile
  • Business
    • Economy
    • Business Roundup
  • Books
  • Donation

© 2023 Irrawaddy Publishing Group. All Rights Reserved

This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.