NAVIGATING OCEAN GOVERNANCE IN DISPUTED WATERS: LAW, INSTITUTIONAL DIALOGUE, AND FUNCTIONAL COOPERATION IN THE SOUTH CHINA SEA
DOI:
https://doi.org/10.22452/Keywords:
UNCLOS, maritime security, marine environmental protection, 2016 Arbitral Award, functional cooperationAbstract
This paper investigates the fragmented state of ocean governance in the South China Sea, focusing on how legal frameworks, diplomatic engagement, and functional cooperation can be combined to advance responsible maritime governance in a politically contested zone. This study employs qualitative methods, including document analysis of legal texts, regional statements, policy reports, and academic studies, alongside case examples from environmental cooperation, maritime security, and counter-piracy practices. This study finds that UNCLOS operates primarily as a common diplomatic lexicon rather than an operative legal standard. The 2016 arbitration ruling, while legally significant, has not only produced corresponding changes in state behaviour, as major powers often interpret compliance. ASEAN’s consensus-based model structurally constrains collective regional responses, deepening institutional paralysis. This study further finds that issue-based cooperation in non-sensitive domains such as environmental protection and maritime safety offers a viable pathway for incremental confidence-building measures without requiring the prior resolution of sovereignty disputes. Confidence-building measures, including joint monitoring, public communication, and non-binding codes of conduct, are identified as practical tools for tension reduction. The paper concludes that future governance must be inclusive, combining legal tools, political dialogue, and functional cooperation, with meaningful roles for non-state actors and regional platforms to sustain flexibility.
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