In the Wake of Arbitration

172 Pages·2017·3.06 MB·English

by  Murray Hiebert

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In the Wake
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Papers from the Sixth Annual CSIS
South China Sea Conference
editors
Murray Hiebert
Gregory B. Poling
Conor Cronin
ISBN 978-1-4422-7984-1
A Report of the
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CSIS SOUTHEAST ASIA PROGRAM AND THE
ASIA MARITIME TRANSPARENCY INITIATIVE
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JANUARY 2017
In the Wake
of Arbitration
Papers from the Sixth Annual CSIS
South China Sea Conference
EDITORS
Murray Hiebert
Gregory B. Poling
Conor Cronin
A REPORT OF THE
CSIS SOUTHEAST ASIA PROGRAM AND THE
ASIA MARITIME TRANSPARENCY INITIATIVE
Lanham • Boulder • New York • London
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About CSIS
For over 50 years, the Center for Strategic and International Studies (CSIS) has worked
to develop solutions to the world’s greatest policy challenges. T oday, CSIS scholars are
providing strategic insights and bipartisan policy solutions to help decisionmakers chart a
course toward a better world.
CSIS is a nonprofit organ ization headquartered in Washington, D.C. The Center’s 220 full-
time staff and large network of affiliated scholars conduct research and analy sis and develop
policy initiatives that look into the future and anticipate change.
Founded at the height of the Cold War by David M. Abshire and Admiral Arleigh Burke, CSIS
was dedicated to finding ways to sustain American prominence and prosperity as a force for
good in the world. Since 1962, CSIS has become one of the world’s preeminent international
institutions focused on defense and security; regional stability; and transnational
challenges ranging from energy and climate to global health and economic integration.
Thomas J. Pritzker was named chairman of the CSIS Board of Trustees in November 2015.
Former U.S. deputy secretary of defense John J. Hamre has served as the Center’s president
and chief executive officer since 2000.
CSIS does not take specific policy positions; accordingly, all views expressed herein should
be understood to be solely those of the author(s).
© 2017 by the Center for Strategic and International Studies. All rights reserved.
Acknowle dgments
This report is made pos si ble by general support to CSIS. No direct sponsorship has contributed
to its publication.
ISBN: 978-1-4422-7984-1 (pb); 978-1-4422-7985-8 (eBook)
Center for Strategic & International Studies Rowman & Littlefield
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Contents
v Preface
PART 1. THE SOUTH CHINA SEA IN 2016
3 CHAPTER 1 | U.S. South China Sea Policy 2015–2016: The Growing Role
of the Defense Department
Michael McDevitt
18 CHAPTER 2 | Understanding Malaysia’s Approach to the South China Sea Dispute
Elina Noor
PART 2. LEGAL ISSUES
33 CHAPTER 3 | Philippines v. China: Impact of the Arbitral Tribunal Award on the Merits
Jay L. Batongbacal
47 CHAPTER 4 | The Effects of the South China Sea Dispute and the Arbitral Ruling on
UNCLOS and International Law
Erik Franckx
58 CHAPTER 5 | The Law Concerning Military Activities on the Continental Shelf
in the Aftermath of the South China Sea Arbitration
James Kraska
PART 3. MILITARY MODERNIZATION AND CAPACITY BUILDING
71 CHAPTER 6 | China’s Military Modernization and the South China Sea
Timothy R. Heath
83 CHAPTER 7 | Indonesia’s Naval and Coast Guard Upgrades and Jokowi’s Global
Maritime Fulcrum
Natalie Sambhi
95 CHAPTER 8 | Military Modernization and Capacity Building in the Philippines
and Vietnam
Carlyle A. Thayer
III
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PART 4. THE ENVIRONMENTAL QUESTION
113 CHAPTER 9 | Destroyed Reefs, Vanishing Giant Clams: Marine Imperialism
E. D. Gomez
124 CHAPTER 10 | Offshore Coral Reefs and High- Tide Features of the South China Sea:
Origins, Resources, Recent Damage, and Potential Peace Parks
John W. McM anus
148 CHAPTER 11 | Marine Biodiversity at Spratly Islands and Proposal for Establishing
Marine Protected Areas
Kwang- Tsao Shao
159 About the Editors and Contributors
IV Contents
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Preface
The Center for Strategic and International Studies (CSIS) hosted its sixth annual South China Sea
conference on July 12, 2016. The day featured keynote speeches from Senator Dan Sullivan (R- AK),
Committee on Armed Ser vices, and Daniel Kritenbrink, se nior director for Asian Affairs on the
National Security Council, as well as four panel discussions with highly respected experts from 10
countries.
The event fortuitously fell on the same day that the arbitral tribunal at the Permanent Court of
Arbitration in The Hague issued its ruling on the Philippines’ case against China’s claims in the
South China Sea. The conference provided the panelists and the audience with a first opportunity
to grapple with the results of the tribunal ruling and begin to mea sure its impact. This report
contains papers by 11 of the panelists, providing a wide array of perspectives on the po liti cal, l egal,
military, and environmental outlook for the South China Sea in 2016.
The papers herein are based on the subject m atter to which their authors spoke:
• Elina Noor and Admiral Mike McDevitt discuss the state of the South China Sea in 2016.
• Erik Franckx, Jay Batongbacal, and James Kraska discuss legal issues of the ruling and next
steps.
• Carlyle Thayer, Timothy Heath, and Natalie Sambhi discuss military modernization and
capacity building in the region.
• John Mc Manus, E. D. Gomez, and Kwang- Tsao Shao discuss the impact of the disputes on
the environment.
The papers that follow represent the views of the authors and do not reflect t hose of CSIS, the
Southeast Asia Program, or the Asia Maritime Transparency Initiative.
V
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PART ONE
The South China Sea in 2016
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