Effective diplomacy lessons for the South China Sea
- By Sam Blay and Eugene Clark
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E-mail China.org.cn, November 23, 2016
Tensions over the South China Sea have pre-occupied commentators, academics and statesmen in recent times. But there are other areas in the world’s oceans where diplomacy is at work and effective, and where international cooperation is working for the common good.
Earlier this year, the signing of the Paris Agreement was a landmark decision. Yet another step occurred last week with an agreement reached between the EU and 24 other countries (including the U.S., China and Russia) to protect more than 1.5 million square km of the Ross Sea near Antarctica. The vast area is to become a Marine Protected Area (MPA).
The Ross area has been described as an oceanic "garden of paradise" because of its richness in bio-diversity. The agreement will ban all commercial fishing in this zone for a period of 35 years. As such, this area will be the largest marine park in the world. More than that, it is estimated that the Ross Sea produces a large percentage of the nutrients upon which a large share of the rest of the world’s oceans depends.
As the world becomes more aware of the importance and fragility of our environment, it is vitally important that nations cooperate in order to protect and preserve the environment.
The new MPA, comes into force in December 2017, and will limit – or entirely prohibit – certain activities in order to meet specific conservation, habitat protection, ecosystem monitoring and fisheries management objectives. Seventy-two percent of the MPA will be a "no-take" zone, which forbids all fishing, while other sections will permit some harvesting of fish and krill for scientific research.
Seven nations (Australia, France, Norway, United Kingdom, Chile, Argentina and New Zealand) have made claims to territory on Antarctica with implications for the Southern Ocean. At least three of the claims (United Kingdom and Argentina, United Kingdom and Chile) are overlapping or conflicting. Most of the other nations including China, Russia and the United States do not recognize the validity of the claims made. Indeed, Antarctica and the Southern Ocean area have always been a potential source of international conflict. But in spite of the conflicting strategic and competing national interests of the claimants, the countries have managed to put aside their differences and concerns and establish the MPA.
The South China Sea is also subject to competing territorial claims, and there are important lessons and parallels between it and the Ross Sea. The new MPA agreement teaches us that even where nations have competing maritime or territorial claims, they can find common ground in the interest of the common good. Above all, the agreement teaches us that dialogue, diplomacy and cooperation can still play critical roles in the search for compromise when national interests are in conflict.
As China and the Philippines, and indeed other claimants in the South China Sea, consider their options for compromise and settlement, the MPA agreement in the Ross Sea in the Southern Ocean comes at an opportune time. The parties might perhaps fish for a lesson or two in this sea of opportunity in the interest of the common good.
Professor Sam Blay is a senior Australian law academic. He is currently Professor and Deputy Principal, Top Education Institute in Sydney and Professor at the Sydney City School of Law. He is a member of the South China International Economic Arbitration and Trade.
Eugene Clark is a columnist with China.org.cn. For more information please visit:
http://www.keyanhelp.cn/opinion/eugeneclark.htm
Opinion articles reflect the views of their authors only, not necessarily those of China.org.cn.
