Managing Potential Conflicts in the South China Sea

1994 witnessed interesting developments in cooperation and confidence building dialogue amongst the States of the Asia Pacific region, and in the South China Sea region in particular. On 25 November 1994 in Bogor, Indonesia, the leaders of Asia Pacific Economic Cooperation Council's (APEC) member States committed to link their economies together through the future creation of the largest free trade zone in the world. Previously, 18 foreign ministers met in July, at the ASEAN Regional Forum (ARF) in Bangkok, to discuss the post Cold War situation in Southeast Asia. Much of the discussion focused on the role that confidence building activities could play in facilitating transparency in the face of the increasing armaments build up in the region. One of the longest standing confidence building activities in the region are the informal meetings of the project on Managing Potential Conflicts in the South China Sea (MPC).1 Since 1990 this project has continued to develop avenues for cooperative activities and to foster dialogue amongst the littoral States of the South China Sea region. New challenges were presented in 1995 for the MPC project. China's announcement that she would endeavour to settle disputes in the South China Sea through accepted norms of international law and the 1982 UN Convention on the Law of the Sea was welcomed by Southeast Asia's leaders. In orde to take advantage of this favourable climate, the MPC convened the First Meeting of the Technical Working Group on legal Matters in the South China Sea in Jakarta, in July. The meeting represents a significant step for the project as previously it was felt a legal debate may degenerate into participants merely restating rhetorical and entrenched positions. The large, and increasing, volume of naval traffic in and around Spratly Islands coupled with the concern that misinterpretation of another's actions could lead to conflict, resulted in the signing of multiple 'code of conduct' agreements between claimants. Vietnam and the Philippines as well as China and the Philippines agreed to cooperate in this regard. During 1995 China continued to be the main source of concern for the countries of the region. Her occupation of Mischief Reef at the end of 1994 and rising tensions between the mainland and Taiwan over President Lee Teng-Hui's visit to the US in June, culminating in missile tests off Taiwan, renewed questions over China's intentions in the region.

Transcending sovereignty : locating Indigenous peoples in transboundary water law

All people rely upon water for life. Indigenous peoples are especially vulnerable to water conflicts and yet lack recognition in international water law. This thesis adopts Critical Race Theory to examine the intersection between transboundary water law, the doctrine of sovereignty and the international law of Indigenous peoples. The methodology adopted in this thesis includes: (i) a deconstruction of the UN Watercourse Convention and the doctrine of sovereignty; (ii) a review of Indigenous perspectives on sovereignty; and (iii) a proposal for the reconstruction of transboundary water law in a manner that recognizes the internationally affirmed rights of Indigenous peoples. A deconstruction of the UN Watercourse Convention and related discourse reveals that state-centric approaches to transboundary water law fail to recognize Indigenous peoples’ international rights or the pivotal role that Indigenous peoples’ traditional knowledge might play in transcending conflict. Case examples are provided (Columbia River and Tsangpo-Brahmaputra River) that illustrate the vulnerability of Indigenous peoples in the face of state development agreements. The inequities that exist in international water law are rooted in the historical doctrine of sovereignty which has evolved to subordinate Indigenous peoples’ interests to state interests. Indigenous perspectives regarding sovereignty provide a counter-point to the dominant legal discourse and weave an alternate narrative that challenges the myth of objectivity and neutrality that surrounds the doctrine of sovereignty and international law generally. Once we recognize that sovereignty is a social construct, we can recognize our collective ability to reconstruct international laws in a manner that transcends the sovereign discourse and recognizes the rights of Indigenous peoples. Endorsement of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is indicative of states’ commitment to recognize Indigenous peoples’ rights throughout the international legal system. This thesis concludes by offering a proposal for reconstructing transboundary water law through a return to ethics and coalition building. Future reform should be directed towards (a) articulating an international water ethic with the critical engagement of Indigenous peoples; and (b) ensuring that river basin organizations are established on every transboundary river in a manner consistent with this shared international water ethic.Law, Faculty ofGraduat