New Thinking on Joint Development and Freedom of Navigation in the South China Sea: Paths for Resolving the South China Sea Dispute Based on International Law

    Abstract: Clarification and resolution of the problems of joint development and freedom of navigation in the South China Sea are directly linked to China’s maritime interests and the future legal order of the South China Sea. Methods of joint development have not been widely accepted internationally, and in practice effectiveness of such methods has fallen short of expectations. As such, taking a long term view, joint development is not a preferred choice or primary means through which the dispute can be resolved, and even if it is used over the short term to manage the conflict, special attention should be paid to constructing reasonable mechanisms for joint development. China’s “historical rights” to the South China Sea have not been effectively changed or cancelled by international legal norms. These rights cannot be understood within the framework of the Convention, and they do not present any obstacles for the freedom of navigation in the South China Sea. Conversely, other states in the region abuse the provisions of the Convention to advance claims targeted at dividing and control over the South China Sea in a way that would obstruct freedom of navigation even further. Relatively speaking, China’s position is more in line with the natural characteristics of the South China Sea, and it more natural visàvis the application of contemporary maritime law.