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.
A few weeks ago in Kaohsiung, tech mogul turned political pundit Robert Tsao (曹興誠) joined Western Washington University professor Chen Shih-fen (陳時奮) for a public forum in support of Taiwan’s recall campaign. Kaohsiung, already the most Taiwanese independence-minded city in Taiwan, was not in need of a recall. So Chen took a different approach: He made the case that unification with China would be too expensive to work. The argument was unusual. Most of the time, we hear that Taiwan should remain free out of respect for democracy and self-determination, but cost? That is not part of the usual script, and
Behind the gloating, the Chinese Nationalist Party (KMT) must be letting out a big sigh of relief. Its powerful party machine saved the day, but it took that much effort just to survive a challenge mounted by a humble group of active citizens, and in areas where the KMT is historically strong. On the other hand, the Democratic Progressive Party (DPP) must now realize how toxic a brand it has become to many voters. The campaigners’ amateurism is what made them feel valid and authentic, but when the DPP belatedly inserted itself into the campaign, it did more harm than good. The
For nearly eight decades, Taiwan has provided a home for, and shielded and nurtured, the Chinese Nationalist Party (KMT). After losing the Chinese Civil War in 1949, the KMT fled to Taiwan, bringing with it hundreds of thousands of soldiers, along with people who would go on to become public servants and educators. The party settled and prospered in Taiwan, and it developed and governed the nation. Taiwan gave the party a second chance. It was Taiwanese who rebuilt order from the ruins of war, through their own sweat and tears. It was Taiwanese who joined forces with democratic activists
Chinese Nationalist Party (KMT) Chairman Eric Chu (朱立倫) held a news conference to celebrate his party’s success in surviving Saturday’s mass recall vote, shortly after the final results were confirmed. While the Democratic Progressive Party (DPP) would have much preferred a different result, it was not a defeat for the DPP in the same sense that it was a victory for the KMT: Only KMT legislators were facing recalls. That alone should have given Chu cause to reflect, acknowledge any fault, or perhaps even consider apologizing to his party and the nation. However, based on his speech, Chu showed
RSS