A Comparative Study of Fishery and Environment Laws in the South China Sea: Utilising Existing Laws to Promote Peace
Publisher: RSIS
Author(s): Naomi Clark-Shen
Date: 2019
Topics: Cooperation, Renewable Resources
Countries: China, Indonesia, Malaysia, Philippines
Disputes remain rife in the South China Sea (SCS) regarding territorial boundaries and the sovereignty of islands and rocks. Whilst complete resolution of these matters in the near future remains highly unlikely, there is a general consensus that in order to ensure stability at some level, claimant countries should set aside territorial disputes and focus on the natural resources of the sea.1 Vital to millions of fishermen and consumers, fish stocks in the SCS have been depleted to less than half of the levels of the 1950s,2 yet there appears to be little effort to halt further loss and prevent ecological catastrophe. Prominent figures, scholars, and researchers have discussed ways in which claimant countries can cooperate in the SCS,3 but there remains little progress when it comes to actual implementation. Examining the national laws and policies of SCS countries for existing commonalities could be a useful starting point to building multilateral cooperation around environmental protection. This approach may serve as a less contentious and easier route toward cooperation because the different countries are agreeing – at a regional level – on criteria they already agree on at a national level. This approach is explored in this policy report by looking at marine environmental laws and policies of five SCS countries – to understand if similarities exist, and if they do, how they could be used to build cooperation in the SCS.