Ocean Governance and Conflict in the East and South China Sea

Christian Schultheiss is a Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. He served as Senior Expert for the European External Action Service. He has published on the law of the sea, security and international relations in the Indo-Pacific and has held numerous visiting fellow positions in East Asia, Southeast Asia and Europe.

• I Introduction – Three Decades of Negotiations in the East and South China Sea Disputes II Natural Resource Institutions, Conflict Management and the Perils of Cooperation 1. Conflict Management and Natural Resource Institutions 2. Power – How Institutions can be Weaponised 3. Alternative Explanations: Legal Entitlements, Domestic Politics and Fragmented Coalitions in Negotiations 4. Methodology III Institutions for Marine Natural Resources in the South China Sea 1. China and the Philippines 2. China and Vietnam 3. The Philippines and Taiwan: Comprehensive Pressure, Minimal Cooperation 4. Brunei and Malaysia: From Confrontation to Boundary Delimitation and Resource-Sharing IV Institutions for Marine Natural Resources in the East China Sea 1. China and Japan 2. The Republic of Korea, Japan and China 3. Japan and Taiwan 4. The Impact of Fisheries Agreements on Incidents and Coast Guard Behaviour in the East and South China Sea V Institutions for Conflict Behaviour in the East and South China Sea 1. China and ASEAN Members: The Long March towards a South China Sea Code of Conduct 2. Institutions for Crisis Management in the East and South China Sea VI Conclusions Appendix Overview over cases Bibliography Table of Maps and Tables

Most people know that there are disputes in the South China and East China Seas, which have led to dangerous incidents and are likely to do so again. What fewer people know is that there also is a lot of practical cooperation among the surrounding states. Their negotiations about multiple issues are richly documented in Christian Schultheiss’ innovative and carefully researched study. He shows how states search for cooperative arrangements without prejudicing their national interests and identifies the conditions that must be met for states to conclude such arrangements, thus leaving hope for conflict prevention and resolution. Stein Tønnesson, Research Professor Emeritus, Peace Research Institute Oslo (PRIO)