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Marine Scientific Research in the South China Sea and Environmental Security
Abstract
It is proposed that marine scientific research might be a common activity that could be undertaken by claimant and nonclaimant states to the Spratly region. This can be a confidence-building measure that would bring players from the different countries together to address common concerns and thus learn to communicate and work with one another. Previous research efforts in the South China Sea are mentioned and mechanisms for future collaborative work are outlined. These activities will help address the issues of sustained productivity and environmental security in the region.
... Marine scientific research, marine environmental protection, and navigational safety are three main topics of common interest of the coastal states and are not contentious in nature. [1] In circumstances where states, acting alone, can realize their desired outcomes, there is no need for cooperation. On the contrary, when states find that they cannot achieve their desired outcomes by acting unilaterally, then they will have incentives to cooperate. ...
... On the contrary, when states find that they cannot achieve their desired outcomes by acting unilaterally, then they will have incentives to cooperate. [1] ...
... The South China Sea with its area of 3.5 million square kilometers and depths of up to 5500 meters is one of the largest marginal seas in the world, and the most important deep-sea basin off the Chinese coast. [1] Marine scientific research (MSR) is the main way of gaining ocean knowledge for the benefits of all humankind and is regulated by Part XIII of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Part XIII also provides the consent regime for conducting MSR in the Exclusive Economic Zone (EEZ) of other states. ...
... Moreover, in disputed areas, States shall also be aware of the importance of MSR for effective governance of marine genetic resources and environment and better understand ecosystems and their potential uses and applications. 102 Further, the interlinkages between law, science and governance for cooperation, precaution and ecosystem-based approach seem to be inherent in the notion of MSR. ...
International Dispute Settlement Bodies (IDSBs), through their judgements, have consistently urged the States to take scientific approaches in ocean governance for marine environmental protection. There has been the development of significant jurisprudence which undertake policy principles with scientific prescription in ocean governance. The jurisprudence relating to maritime dispute resolution has primarily relied on the interpretative criteria of ‘integration’ for science and policy as specified in the Vienna Convention. Indeed, this principle of ‘integration’ integrated ‘science-policy’ through various concepts, and IDSBs applied and endorsed the ‘rule of law’, ‘cooperation’, ‘precaution’ and ‘ecosystem-based approach’ to lay stress on the progressive ocean governance. This also reflects that the scientific basis in jurisprudence demonstrates a change in the international organisations’ interests (of environmental protection and global sustainability). Moreover, it is also suggested at the end how the provisions related to Marine Scientific Research can be purposefully developed and maintained to protect the marine environment and ecosystems in light of the decisions of the IDSBs. This research article analysed the relevant jurisprudence to explain the principles for science-policy integration, which operates in ocean governance for marine environmental protection.
... The mechanism should have features with a common vision and flexibility. Only by grasping these two characteristics, can cooperation mechanisms become more efficient [16]. Professor Wang Kuan-Hsiung, from the Graduate Institute of Political Science, Taiwan Normal University, points out that, China, Indonesia and Vietnam are among the top 10 fishing countries in the world, which shows the importance of the fishing industry in the Asia-Pacific region. ...
With the continuous improvement in science and technology, almost 40 years after the adoption of the United Nations Convention on the Law of the Sea, global maritime disputes continue to emerge and ocean development and governance still face many challenges. On November 5–6, 2020, in Haikou, China, the first maritime cooperation and governance forum was hosted by the National Institute for South China Sea Studies, China, convening this conference both online and offline. The conference brought together front-line staff from academia and government agencies and units, to discuss new issues in this area.
... A revised MSR process that addresses the fundamental issues of equity underlying the current restrictive interpretation and application of the provisions of UNCLOS on MSR within areas of national jurisdiction is long overdue and would benefit the MEP regime set out under UNCLOS and developed further in other marine environmental instruments. The potential contribution of MSR to regional and global confidence-building, particularly when conducted with the objective of advancing marine environmental protection, remains a promising albeit as yet underexplored approach to this issue [36,[51][52][53]. Bateman [54] describes a potentially fruitful structure for such an approach in a similarly fraught and sensitive domain of hydrographic and military surveys, which has led to useful guidelines. ...
The global community's ability to assess the environmental effects of marine scientific research (MSR) as required by the 1982 United Nations Convention on the Law of the Sea's (UNCLOS) marine environment provisions (MEP) is limited, as shown by experimental activities that intentionally manipulate the marine environment. Such work enhances knowledge of the ocean, but it may also have significant environmental effects. This growing use of the ocean as a laboratory has global scientific, environmental, legal and policy implications. Examined here is the relationship between the MSR and the MEP provisions of UNCLOS. International, science-driven guidelines are proposed.
The book “UNCLOS: Viability Amid Emerging Global Maritime Challenges”
provided a critical review of the role of UNCLOS as the most important legal
framework governing our ocean in modern time through the lenses of a number
of world’s leading scholars in the law of the sea. Their analysis offers three important insights into the place of UNCLOS in the international legal order today. First,
they confirm that the Convention is still very much the comprehensive legal instrument that regulates all activities of States at sea. Second, the “UNCLOS ecosystem”
which includes UNCLOS itself, its implementing agreements and its institutional
structure, are working hard to overcome all the gaps, unclarities and limits of the
provisions of the Convention as well as to adapt them to new challenges that face
the ocean today. Third, in the specific case of the South China Sea, where there are
most complicated sovereignty and maritime disputes in the world, UNCLOS has
played a very important role of serving as the “golden standard” through which the
marine region’s coastal States use to base their maritime claims.
One of the major achievements of UNCLOS—there are many—is the establishment of a mandatory system for the settlement of maritime disputes. Since we are celebrating UNCLOS let me briefly mention some of the important issues, which distinguishes this regime from previous ones.
Marine Scientific Research (MSR) under Sustainable Development Goal—14 (SDG 14) has envisioned a new dimension of cooperation for marine environmental protection. This chapter has taken the approach of MSR as provided in SDG 14 to provide a cooperative approach for MSR to protect the marine environment. This chapter analyzes the international law provisions dealing with MSR envisioning cooperation for the protection of the marine environment. The chapter has taken three perspectives of the marine environment: (i) climate change, (ii) fisheries preservation, and (iii) marine protected areas, along with scientific approaches required for marine pollution prevention. The conclusion of this chapter follows the challenges and opportunities for MSR cooperation, which could be a future course of research on the subject matter.
This chapter considers the People’s Republic of China’s (PRC) arguments in a note verbale dated September 18, 2020, where the PRC referred to the necessity of “developing and improving UNCLOS” in response to international criticism regarding its claims in the South China Sea. How the PRC’s narratives on the incompleteness of the UNCLOS regime and the need for development and improvement are relevant to the South China Sea dispute is discussed, against the backdrop of different mechanisms through which UNCLOS has been able to respond to changing circumstances.
This article addresses the legislation, policy and State practice of China on marine scientific research ( MSR ). It elaborates in detail both international and domestic legislation of China governing MSR in waters within its national jurisdiction and points to the legal controversy and ambiguity of MSR conducted by foreign parties. It also raises a critical question on how to approach MSR in overlapping maritime zones amidst pending maritime delimitation.
The recovery of historic, sunken military vessels raises several legal issues, including those of ownership, state immunity, environmental protection and the in situ preservation of underwater cultural heritage. In recent times, the remains of World War II (WWII) warships have increasingly vanished from the Pacific seafloor causing a serious dilemma in underwater heritage preservation and environmental protection. The illicit removal of the wrecks illustrates the jurisdictional difficulties maritime powers face in preventing unauthorised interference with their sunken military property. It is alleged that the remnants of American, Australian, British, Dutch and Japanese warships have largely been the victim of ‘metal pirates’. This paper highlights the threat posed to sunken WWII ships from metal pirates, who, unlike traditional treasure hunters, have specifically targeted ships’ fixtures and fittings, bronze propellers and metal hulls, and in some cases, even unexploded ordnance. Besides the impact on heritage conservation and integrity, the actions of metal pirates are posing a significant threat to the marine environment, particularly given that many WWII wrecks to this day still contain considerable quantities of oil, ammunition, and unexploded. The illicit salvaging of WWII wrecks has the potential to cause the release of oil and toxic chemicals into the surrounding marine water resulting in the contamination of fishing grounds, therefore threatening the wider environmental security of the Asia–Pacific region. Indeed, as the legacy of the Pacific conflict is represented by the number of warships that rest on the seafloor, there is the potential for serious environmental harm occurring unless states cooperate with one another to prevent piracy and related maritime crime. Many WWII wrecks are historically significant, such as the USS Indianapolis, sunk in 1945 after delivering components of the atomic bombs to Tinian; while others, such as Australia’s HMAS Perth, serve as war graves to their crew. As such, this paper considers the challenges states face in protecting sunken battleships from criminal syndicates who prey on the remnants of war.
Perbedaan sikap diantara negara ASEAN seringkali disebut sebagai titik kegagalan pembentukan Komunitas Keamanan. Tulisan ini menelaah lebih jauh mengenai komponen pembentuk Komunitas Keamanan dalam konteks sengketa LTS. Menggunakan argument Karl Deutch yang menyatakan ada tiga hal yang perlu diperhatikan dalam membentuk masyarakat keamanan, yaitu (1) para pembuat kebijakan dan masyarakat berhenti merenungkan kemungkinan perang (2) negara berhenti mengalokasikan sumber daya untuk membangun kemampuan militer yang ditujukan kepada negara lain dan (3) ada penerimaan dan kepatuhan yang ketat terhadap aturan-aturan dan perjanjian tertentu bila tujuan kolektif unit-unit tidak selaras. Tulisan ini berargumen bahwa ketiga komponen pembentuk Komunitas Keamanan terganggu ketika ASEAN menghadapi sengketa LTS. Pertama, mengganggu upaya penyebaran norma-norma ASEAN. Kedua, mengganggu upaya mekanisme pencegahan konflik. Ketiga, menghambat ikatan kepercayaan diantara anggota ASEAN.
Unrecorded crabs (Crustacea: Decapoda: Brachyura) from Taiwan and Tungsha Islands, with description of a new genus and species of Xanthidae. Zoological Studies 36(4): 261-276. The taxonomy of 20 species of brachyuran crabs representing 8 families from Taiwan and the Tungsha Islands (Prattas Islands) are reported. Of these, 16 are new records for this area: Paromola japonica Parisi, 1915, P. macrochira Sakai, 1961, Latreillopsis bispinosa Henderson, 1888 (Homolidae); Arcania elongata (Yokoya, 1933), Heteronucia laminata (Doflein, 1904) (Leucosiidae); Izanami curtispina (Sakai, 1961) (Calappidae); Heikea arachnoides (Manning and Holthuis, 1986), Ethusa sexdentata (Stimpson, 1858) (Dorippidae); Platymaia bartschi Rathbun, 1916. Cyrtomaia curviceros Bouvier, 1915, C. murrayi Miers, 1886 (Majidae); Cancer nadaensis Sakai, 1969 (Cancridae); Zalasius sakaii Balss, 1938, Forestia scabra (Odhner, 1925), Etisus splendidus Rathbun, 1906 (Xanthidae); and Ommatocarcinus pulcher (Barnard, 1950) (Goneplacidae). The taxonomy of 3 other species: Matuta victor (Fabricius, 1781), Ashtoret maculata (Miers, 1877) (Calappidae), and Platymaia remifera Rathbun, 1916 (Majidae) is clarified. One new genus and 1 new species (Pulchratis reticulatus) of Xanthidae are also described.
The Spratly Islands encompass a dense system of several hundred coral reefs in the most biodiverse of the world's seas. They serve as breeding grounds for a wide variety of organisms. A study of pelagic larval survival times and current patterns indicates that they may supply recruiting organisms for marine ecosystems throughout the South China Sea. Strategic concerns and vague possibilities of hydrocarbon deposits have led to military build-up in the area, resulting in violent confrontations and environmental stress. Future oil drilling could have widespread impacts. A more sustainable-use strategy would be to freeze current claims on the islands and establish an international marine park. Such a park could generate on the order of USD 1B annually from tourism. Carefully managed, the park would safeguard substantially-sized populations of tens of thousands of species, and help to ensure a steady supply of recruits to regional fisheries. -from Author
A total of 163 species of scleractinians in 15 families and 56 genera; 15 species of alcyonaceans in three families and five genera; and six species of gorgonaceans in four families and five genera were recorded. The coral communities were dominated by scleractinian corals with high species diversity and coral cover found on the lower reef flat at depths between 1 and 3 m. Alcyonaceans and gorgonaceans are mainly distributed on the reef slopes at depths below 15 m. In comparison with other tropical coral reefs, species diversity and abundance of coral communities are relatively low. Coral communities may have been heavily damaged by natural catastrophes or artificial destruction during the last decade.
Most marine populations are thought to be well connected via long-distance dispersal of larval stages. Eulerian and Lagrangian
flow models, coupled with linear mortality estimates, were used to examine this assumption. The findings show that when simple
advection models are used, larval exchange rates may be overestimated; such simplistic models fail to account for a decrease
of up to nine orders of magnitude in larval concentrations resulting from diffusion and mortality. The alternative process
of larval retention near local populations is shown to exist and may be of great importance in the maintenance of marine population
structure and management of coastal marine resources.
Scuba diving investigations in the reef area around Taiping Island (Itu-Aba Island) found 39 species of 17 families of echinoderms to 40 m depth from 7 survey sites. The echinoderm species, including 5 Crinoidea, 8 Asteroidea, 7 Ophiuroidea, 6 Echinoidea, and 13 Holothuroidea, recorded for the 1st time in this area. Color photographs are given for the 34 species in their natural habitats. Synaptula lamperti, Thelenota rubralineata, and Ophiomyxa sp. are new records from the South China Sea.
Two recent expeditions to Hainan Island provided the opportunity to survey coral reefs at various locations, including some which had been studied during earlier investigations. Since 1987 the reefs have apparently recently suffered from additional human impact. Dynamite fishing poses the major threat and large sections of the reefs are severely damaged. Increasing tourism with hotels built directly on the beach is also putting the coastal marine fauna at risk. Conservation measures and especially the enforcement of existing laws are urgently required.
Recently, the Spratly crisis erupted again. This time, a Sino-Filipino military confrontation took place in the Philippines-claimed area of the archipelago. Although both sides demonstrated a high degree of self-control, the old problem remains and could explode again at any time. The reason for the latest episode is not difficult to understand. Past efforts only touched upon the tip of the iceberg. While calling for shelving of the sovereignty issue, they never indicated how this was to be brought about and very little progress has been made in the negotiations in the past several years. The author submits that the only solution, for the present at least, is the Antarctic formula. Although one might argue that the Antarctic regime, at first sight, does not fit the Spratly situation, the legal foundation of the claims to the Spratlies is comparable to that in the Antarctic case. Moreover, there are no sector claims in the disputed area, which makes the Antarctic approach even more appropriate in the South China Sea.
A total of 49 families and 399 species of fishes was recorded from the reef area around Taiping Island (Itu Aba Island) in the Spratlys (Nansha Islands), located at 114°21'-114°23' E, 10°22'-10°23' N. Data were collected by underwater observation, specimen identification, and photography during our survey of 19-23 April 1994. A checklist, including previous records, of 50 families and 421 species was compiled. If all midwater pelagic species are taken into account, the number of fish species occurring at Taiping Island is well over 450, a figure below that anticipated for a reef island located close to the equator and Indo-Australian diversity center. Limited reef area and recent reef degradation may be the principal causes of the disparity. Czekanowski similarities for eight regions around Taiwan and in the South China Sea show that the reef fish fauna of Taiping Island most closely resembles that of Green Island, then Orchid Island, Tungsha (Pratas Island), Hsiaoliu- chiu, southern Taiwan, Penghu, and northern Taiwan in that order. The fish fauna of the western coast of Taiwan, which has a predominantly sandy environment, is most different from that of Taiping. The results suggest that the fish fauna of Taiping Island originated by larval dispersal from the Kuroshio Current as is probably the case for southern Taiwan and its adjacent islets. However, 42 species found in this survey, of which 11 are probably undescribed, are not known from the waters around Taiwan. Most of the fish species (95.7%) at Taiping Island are widely distributed, particularly in the Indo-Pacific Region. Fewer than 20 species are restricted in their distribution.
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