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Kavya Jain

The South China Sea Dispute

The South China Sea, one of the world’s busiest waterways, has historically been subjected to many overlapping territorial disputes involving China, Vietnam, the Philippines, Taiwan, Malaysia, and Brunei. Several countries have claimed ownership of small islands in the South China Sea and access to its resources. This dispute has remained unresolved for several years and has recently emerged as a flashpoint in China-United States relations in Asia. China claims much of the sea as its own territory, and the United States with its allies within the region has advocated for freedom of navigation.

The United Nations is committed to the peaceful resolution of international disputes and presents itself as the preeminent institution to address such concerns. Towards this objective, the UN has created a series of organizations geared towards assisting in the arbitration, mediation, and examination of territorial disputes. The most prominent role in place for international negotiation is upheld by the 1982 United Nations Convention on the Law of the Seas (UNCLOS). However, UN involvement through UNCLOS has been tricky, since the Security Council permanent members are moving at odds against one another, posing the risk of undoing any gains made in the General Assembly. Although progress regarding the territorial disputes of the South China Sea has been unsatisfactory with respect to the U.N. structure, there is no doubt that the UN is the most suitable international organization to confront these territorial disputes through its sub-organizations and maritime law frameworks.

Given the complexity involved in resolving geopolitical disputes, possible solutions can be thought of on a short term and long-term basis. As an immediate step, global leaders need to come together to support smaller nations in the area to ensure discussion with China is fruitful and on just grounds. However, as a long-term solution, it is thought that the only thing that ASEAN - Association of South East Asian Nations - can do is first focus on developing the individual countries’ economies, which would automatically move towards reducing dependence on Chinese products. ASEAN should reduce competition among its members, increase internal aid programs, and exchange technology and experiences. Only when every ASEAN nation is strong enough and enjoys cooperation within the organization, a common approach can finally be considered. However, it must be understood that in the event of a successful ASEAN, other countries will be enticed to behave diplomatically— to cooperate rather than uphold an offensive stance in the South China Sea.


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