In a recent article Jerome A. Cohen professor and co-director of the US-Asia Law Institute at NYU School of Law intimates China has outgrown its mistrust of international laws, not least in its maritime affairs
He writes:
l passions but also may be relevant to the much larger issues of how to draw maritime boundaries in the area. China and South Korea have sparred over jurisdiction over a submerged reef in the Yellow Sea called Socotra Rock by the West and Suyan Rock by China.
Far more prominent has been the long-simmering dispute between China and Japan over islets and rocks near Taiwan called the Diaoyu Islands in Chinese and the Senkakus in Japanese. It flared up dangerously last month when Japan, the administering power, detained a Chinese fishing trawler captain for allegedly ramming Japanese coast guard boats patrolling the adjacent territorial sea.
Equally troublesome politically is Beijing’s claim to most islands and waters of the South China Sea. Although echoed by Taiwan, which also claims to represent China, it is vigorously opposed by others bordering the area – Vietnam, Malaysia, Brunei and the Philippines. Beijing hopes to settle this dispute through separate bilateral talks with each of these countries, but they understandably prefer a single collective negotiation that would improve their bargaining power. The United States, alert to the security as well as economic importance of the South China Sea, has increasingly supported collective discussions.
A series of potentially serious recent incidents involving US air and naval reconnaissance in waters claimed by China as its exclusive economic zone has added yet another urgent problem to Beijing’s ocean agenda. Thus far, official Sino-American consultations have proved disappointing.
With its sovereignty, national security, transport routes and economic resources at stake, China’s law of the sea experts and diplomats confront challenges equal to their considerable talents. In future articles, we will discuss these challenges in detail.
Jerome A. Cohen is professor and co-director of the US-Asia Law Institute at NYU School of Law and adjunct senior fellow for Asia at the Council on Foreign Relations. Jon M. Van Dyke is professor and Carlsmith Ball Faculty Scholar at the William S. Richardson School of Law at the University of Hawaii at Manoa