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.
There is a modern roadway stretching from central Hargeisa, the capital of Somaliland in the Horn of Africa, to the partially recognized state’s Egal International Airport. Emblazoned on a gold plaque marking the road’s inauguration in July last year, just below the flags of Somaliland and the Republic of China (ROC), is the road’s official name: “Taiwan Avenue.” The first phase of construction of the upgraded road, with new sidewalks and a modern drainage system to reduce flooding, was 70 percent funded by Taipei, which contributed US$1.85 million. That is a relatively modest sum for the effect on international perception, and
At the end of last year, a diplomatic development with consequences reaching well beyond the regional level emerged. Israeli Prime Minister Benjamin Netanyahu declared Israel’s recognition of Somaliland as a sovereign state, paving the way for political, economic and strategic cooperation with the African nation. The diplomatic breakthrough yields, above all, substantial and tangible benefits for the two countries, enhancing Somaliland’s international posture, with a state prepared to champion its bid for broader legitimacy. With Israel’s support, Somaliland might also benefit from the expertise of Israeli companies in fields such as mineral exploration and water management, as underscored by Israeli Minister of
When former president Tsai Ing-wen (蔡英文) first took office in 2016, she set ambitious goals for remaking the energy mix in Taiwan. At the core of this effort was a significant expansion of the percentage of renewable energy generated to keep pace with growing domestic and global demands to reduce emissions. This effort met with broad bipartisan support as all three major parties placed expanding renewable energy at the center of their energy platforms. However, over the past several years partisanship has become a major headwind in realizing a set of energy goals that all three parties profess to want. Tsai
An elderly mother and her daughter were found dead in Kaohsiung after having not been seen for several days, discovered only when a foul odor began to spread and drew neighbors’ attention. There have been many similar cases, but it is particularly troubling that some of the victims were excluded from the social welfare safety net because they did not meet eligibility criteria. According to media reports, the middle-aged daughter had sought help from the local borough warden. Although the warden did step in, many services were unavailable without out-of-pocket payments due to issues with eligibility, leaving the warden’s hands
RSS