The Permanent Court of Arbitration in The Hague, Netherlands, on July 12 ruled in favor of the Philippines in a maritime dispute with China, concluding that China’s claims of historical rights over the bulk of the South China Sea were invalid.
So far commentaries have largely put emphasis on military, strategic and economic concerns. In fact, this arbitration award is not just an issue of geopolitics and sovereignty, but about the sustainability and wellbeing of our international commons.
The South China Sea is one of the most biodiverse areas on the planet — home to nearly 76 percent of the world’s coral species and 37 percent of the world’s reef fish. After consulting numerous experts and examining satellite imagery, the arbitral tribunal found that China’s recent large-scale land reclamation and construction of artificial islands in the Spratly Islands (Nansha Islands, 南沙群島) had caused grave harm to the coral reef environment and fragile ecosystems.
In addition, the final ruling clearly said that Chinese authorities were “fully aware of” and “actively tolerated” Chinese fishermen using propellers to harvest endangered giant clams — a method that damages marine life. These activities violate China’s obligations under the UN Convention on the Law of the Sea.
University of Miami, Florida, marine biology professor John McManus has called upon China and other nations in the region to end their conflicting views over territory and declare the South China Sea a special protection zone, like the Antarctic Specially Protected Area.
This proposal is morally appreciated and theoretically possible under international law, but it might face practical difficulties in this case. In particular, the disputed area is strategically important for military forces, the transport of international trade and hydrocarbon drilling.
However, we should not overlook the role of environmental peace-building in post-conflict settings. More specifically, internationalized management of natural resources can provide a useful opportunity to build trust between nations. International environmental law could mainstream sustainable considerations into the post-conflict activities of nations and international organizations.
Successful examples include environmental cooperation on water resources as specifically addressed in Annex IV of the October 1994 peace agreement between Israel and Jordan. Peru and Ecuador jointly created and manage “peace parks” — ecological protection zones in the Cordillera del Condor, Ecuador — as part of efforts to end long-standing border disputes.
At the multinational level, the World Bank has established a Post-Conflict Fund to finance projects with environmental sustainability elements, such as the 2012 recovery plan of Mindanao in the Philippines. Furthermore, since 1999, the UN Environment Program’s Post Conflict and Disaster Management Branch has managed several post-crisis environmental assessments in Afghanistan, Nigeria, Congo, Syria and the Balkans. These types of environmental assessments are sometimes explicitly featured in international litigation documents.
Overall, these efforts suggest that environmental considerations are continuously affecting peacemaking activities worldwide. Today, although Beijing has not addressed any environmental issue in its public statements, a multilateral action plan for South China Sea regional assessment and ecological restoration should be included in the post-arbitration negotiation agenda. Ultimately, international lawyers might not only defend the political interests of their nations, but also the beauty of our environment.
Yang Chung-han is a doctoral candidate researching international environmental law at the University of Cambridge and a member of the Taipei Bar Association.
Many foreigners, particularly Germans, are struck by the efficiency of Taiwan’s administration in routine matters. Driver’s licenses, household registrations and similar procedures are handled swiftly, often decided on the spot, and occasionally even accompanied by preferential treatment. However, this efficiency does not extend to all areas of government. Any foreigner with long-term residency in Taiwan — just like any Taiwanese — would have encountered the opposite: agencies, most notably the police, refusing to accept complaints and sending applicants away at the counter without consideration. This kind of behavior, although less common in other agencies, still occurs far too often. Two cases
Yesterday’s recall and referendum votes garnered mixed results for the Chinese Nationalist Party (KMT). All seven of the KMT lawmakers up for a recall survived the vote, and by a convincing margin of, on average, 35 percent agreeing versus 65 percent disagreeing. However, the referendum sponsored by the KMT and the Taiwan People’s Party (TPP) on restarting the operation of the Ma-anshan Nuclear Power Plant in Pingtung County failed. Despite three times more “yes” votes than “no,” voter turnout fell short of the threshold. The nation needs energy stability, especially with the complex international security situation and significant challenges regarding
Most countries are commemorating the 80th anniversary of the end of World War II with condemnations of militarism and imperialism, and commemoration of the global catastrophe wrought by the war. On the other hand, China is to hold a military parade. According to China’s state-run Xinhua news agency, Beijing is conducting the military parade in Tiananmen Square on Sept. 3 to “mark the 80th anniversary of the end of World War II and the victory of the Chinese People’s War of Resistance Against Japanese Aggression.” However, during World War II, the People’s Republic of China (PRC) had not yet been established. It
Much like the first round on July 26, Saturday’s second wave of recall elections — this time targeting seven Chinese Nationalist Party (KMT) lawmakers — also failed. With all 31 KMT legislators who faced recall this summer secure in their posts, the mass recall campaign has come to an end. The outcome was unsurprising. Last month’s across-the-board defeats had already dealt a heavy blow to the morale of recall advocates and the ruling Democratic Progressive Party (DPP), while bolstering the confidence of the KMT and its ally the Taiwan People’s Party (TPP). It seemed a foregone conclusion that recalls would falter, as
RSS