Analyses and Commentaries

This category contains 31 posts

When Good Lawyers Write Bad History: Unreliable Evidence and the South China Sea Territorial Dispute

Author: Bill Hayton Ocean Development & International Law, Volume 48, 2017 – Issue 1: 17-34 The following are the excerpts of the paper: Abstract The recent award by an arbitral tribunal in a case brought by the Philippines against China gives lawyers reason to reexamine the historical evidence put forward by claimants in the South … Continue reading

Charmless, Offensive: Beijing’s Bogus South China Sea PR Campaign

By Bill Hayton The National Interest, May 16, 2016 There’s a new Chinese charm offensive underway in Southeast Asia. Two years after their uncharming offensive to drill for oil in waters disputed with Vietnam, and with their massive proto-military artificial islands almost complete, Beijing’s officials are trying to spread love. They’re trekking around the world … Continue reading

South China Sea: How We Got to This Stage

By Fu Ying, Wu Shicun May 15, 2016 >> Read a rejoinder by Bill Hayton on this article at https://seasresearch.wordpress.com/2016/05/18/charmless-offensive-beijings-bogus-south-china-sea-pr-campaign/ The South China Sea issue has become one of the major irritants in the China-US relations in recent years, over which the public opinion in the two countries are very critical of each other. There are even … Continue reading

Fact, Fiction and the South China Sea

It is no longer good enough for advocates of the Chinese claim to base their arguments on such baseless evidence. It is time that a concerted effort was made to re-examine the primary sources for many of the assertions put forward by these writers and reassess their accuracy. The resolution of the disputes depends on it – both in the courtrooms of The Hague and in the waters of the South China Sea. Continue reading

Archaeology could wreck China’s sea claims

Perhaps, it is only a game that will have served its purpose once the islands have been created and the military facilities have been built and manned. Perhaps then China will happily participate in bilateral or even multilateral discussions, with the history card taken off the table. Continue reading

Archeology and patriotism: long term Chinese strategies in the South China Sea

Several authors writing about the Chinese claim to the Paracel Islands have dated the first official Chinese expedition to these islands to 1902. However, none of these writers have been able to show any records of this expedition taking place. In fact, Chinese records show that the expedition never happened. Continue reading

Asia’s problem is China’s false memory syndrome

Asia’s problem is China’s false memory syndrome Bill Hayton The South China Sea is where China’s ambitions meet American power and Asian nervousness. In the past few months armed Chinese Coastguard ships have rammed their Vietnamese rivals, blockaded Philippine outposts, disrupted Malaysian oil surveys and threatened Indonesian fisheries protection vessels. At the root of all … Continue reading

The Roots of Historic Title: Non-Western Pre-Colonial Normative Systems and Legal Resolution of Territorial Disputes

The Roots of Historic Title: Non-Western Pre-Colonial Normative Systems and Legal Resolution of Territorial Disputes James D. Fry and Melissa H. Loja Leiden Journal of International Law (2014) Abstract The validity of historic or ancient title to territory has been tested in numerous international judicial proceedings, both in the International Court of Justice and in … Continue reading

Malaysia and Brunei: An Analysis of their Claims in the South China Sea

Malaysia and Brunei: An Analysis of their Claims in the South China Sea J. Ashley Roach CNA Occasional Paper Foreword by CNA Senior Fellow Michael McDevitt This is the second of three legal analyses commissioned as part of a project entitled, “U.S. Policy Options in the South China Sea.” The objective in asking experienced U.S … Continue reading

Philippine Claims in the South China Sea: A Legal Analysis

Philippine Claims in the South China Sea: A Legal Analysis Mark E. Rosen, JD, LLM CNA Occasional Paper This is the third of three legal analyses commissioned as part of a project entitled “U.S. Policy Options in the South China Sea.” Experienced U.S. international lawyers, such as Captain Mark Rosen, Judge Advocate General’s Corps, USN … Continue reading

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