And China's dispute over territorial waters with Vietnam and others? These could be resolved peacefully through established international institutions, particularly the UNCLOS. In the meantime, respective claims that are based on some sort of historical evidence of effective possession and development could be respected, as such arrangements aren’t automatically embodied in the international legal system.
To help everything along, Australia and other interested parties can encourage Beijing and Hanoi to settle their dispute through talks. By differentiating itself from the United States, which has been meddling directly in the South China Sea issue of late, Canberra will receive greater respect in the region. Indeed, Australian policymakers seem to understand the importance of bilateral talk to settle a bilateral dispute. Other stakeholders, meanwhile, could nurture more sensible interactions between China and its neighbours by encouraging, rather than lecturing, over these issues.
Beijing for its part should welcome help and shouldn’t think of itself as naïve for drawing on the assistance of others to assist it in resolving difficulties. Ultimately, though, it’s going to be up to Beijing and all interested parties—through sincerity, commitment to a friendly neighborhood and willingness to abide by international institutions—to settle the problem peacefully.
Of course as a sovereign state, China has the freedom to use force to defend its claims, as all other claimants do. But in signing the code of conduct with ASEAN it has indicated its intention, in principle, to refrain from doing so.
That said, and with this declaration in mind, China and relevant parties have to be prepared to yield some of their physical claims, something that won't be easy for any nation. Yet by honoring the code of conduct, Beijing and others will be acting in their own interests as well as those of regional stability. To this end, it could engage in both constructive bilateralism and multilateralism.
And China ought to be confident in seeing its territorial disputes become familiarized with the international community. Across East Asia, China has more leverage and influence than any other power, something which often makes competitors feel uncomfortable. This discomfort has prompted some to act in a way completely different to the Chinese approach—while China would prefer to pursue settlement of its various bilateral disputes through bilateral settings, other parties seek to internationalize these disputes, complicating the cases in an effort to secure benefits.
While Beijing is opposed to attempts to internationalize the issue, such efforts won’t necessarily hurt China, as they won’t necessarily help China’s competitors either.
When the use (and threat of) force is excluded—either through a declaration or an enforceable code—the only base for territorial claims is international judicial institutions and historical evidence. If these tenets are followed, it really won’t matter whether the platform is bilateral or multilateral.
(This article is an expanded and adapted version of an opinion piece that appeared in the Lowy Interpreter that can be found here.)
Professor Shen Dingli is Executive Dean of the Institute of International Studies, and Director of Center for American Studies, Fudan University, Shanghai.
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China stands no match to the US Navy alone, i mean if the US navy brings every strike fleet into SCS den i mean just whoa, even if this missile China has a good success rate the US navy can still hunt out everything with a China flag on water. But can the US do it without Russia interfering, the US increasing intrest in China will alarm Moscow and where will it lead to…
This world doesnt want another war it cant handle, US should not be agressive in SCS leave it to ones who need it the US should only enter if nukes are used on either side (i pray it doesnt happen), i just saw an American support use of nukes if necessary, God forbid it Chinese should learn to respect others and leave its arrogance but not nukes never, please, even on a comments section on a website please