On 27-28 June 2016 (local time), NISCSS President Wu Shicun attended the 40th Annual Conference of the Center for Oceans Law & Policy of the University of Virginia and delivered a speech entitled “China’s Maritime Law Enforcement Practice in the South China Sea: Challenges and Prospects” at the headquarters of the United Nations in New York.

The conference was organized by the Center for Oceans Law & Policy of the University of Virginia in Cooperation with the Division for Ocean Affairs and the Law of the Sea and Office of Legal Affairs of the United Nations.

As Wu pointed out, the current situation in the South China Sea disputes boils down to three aspects. First, their overall character has been transformed from that of overlapping territorial and maritime claims to one of competition related to geopolitics, resource development and control of sea lanes of communication (SLOC). Second, the disputes among claimant states have changed from competition over islands to competition over waters. The third aspect is about the development of rules and mechanism in the South China Sea, in which all parties want their interests, concerns, and influences to be fully taken into consideration and taken care of.

Although China and ASEAN countries have made important breakthroughs in implementing the DOC and promoting pragmatic maritime cooperation, the challenges to maritime law enforcement cooperation and proper management of the South China Sea disputes continue to remain severe and persistent. First, there is the continuing potential for rising tensions due to increased law enforcement activities by various claimant states in the disputed areas of the South China Sea, through which to consolidate their presence and claims. Second, the expanding and strengthening maritime law enforcement forces of disputant countries also adds to the risk of maritime conflicts in the South China Sea. Third, the US, Japan and other extra-regional countries are getting increasingly more involved in the South China Sea disputes. By signing bilateral defense cooperation agreements, conducting joint military exercises, and providing military aid to certain disputants, they heap even greater uncertainty to an already tense regional situation.

As Wu suggested, in order to properly manage the current Asia-Pacific maritime security situation and the South China Sea disputes, it is essential that all parties constantly strengthen political and security mutual trust, promote pragmatic cooperation, and seek to establish an effective mechanism of crisis management. First, China and ASEAN countries should strengthen coordination and cooperation among maritime law enforcement agencies, so as to build trust and improve the security environment. Second, China and the ASEAN countries should embed institutional guarantees for effective management of the South China Sea disputes by coordinative implementation of the DOC as well as cooperative consultations on the code of conduct in the South China Sea. Third, extra-regional countries should show restraint and keep neutral in order to create an enabling external environment for managing of the South China Sea disputes. Fourth, China and the ASEAN countries should try to promote China-ASEAN maritime cooperation and strive for earlier breakthroughs in fisheries, environmental protection and other areas that are riper for pragmatic cooperation-based solutions.

The theme of this annual conference is “Legal Order in the World’s Oceans: UN Convention on the Law of the Sea”. Present at the conference were more than 100 scholars and officials from China, the United States, South Korea, Singapore, Cameroon, Madagascar, Ireland, the Netherlands, Belgium, Norway, Canada, Argentina, Australia, the Division for Ocean Affairs and the Law of the Sea, the Office of Legal Affairs of the United Nations, the International Seabed Authority, the International Tribunal for the Law of the Sea, the Commission on the Limits of the Continental Shelf, European Commission and other countries or international organizations.

The panels of the conference included “Ocean Affairs and the Law of the Sea at the UN”, “The Area and the International Seabed Authority”, “The International Tribunal for the Law of the Sea”, “The Commission on the Limits of the Continental Shelf”, “Sustainable Fisheries, including UN Fish Stocks Agreement”, and “Operational Implementation: Maritime Compliance and Enforcement”.  Mr. Jan Eliasson, Deputy Secretary-General of the United Nations, delivered welcoming remarks at the opening ceremony.

The Washington, DC-based Institute for China-America Studies (ICAS) is one of the sponsors of this conference.