Carl Thayer, Emeritus Professor at The University of New South Wales, Canberra, spoke to NW Ali last week about maintaining national sovereignty during the increasingly contentious disputes in the South China Sea.

- NW Ali : How can the South China Sea Disputes be settled? How can the Sovereignty of Nations be protected? How can this Dispute be handled without further regional instability?

- Carl Thayer : There are two types of disputes in the South China Sea, sovereignty disputes and disputes over sovereign jurisdiction (over maritime zones and resources).

Sovereignty disputes can only be settled by the agreement of parties to the dispute. Article 33 on the Charter of the United Nations states, "The parties to any dispute... shall, first of all, a seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice."

Disputes over sovereign jurisdiction can be settled directly by the parties concerned or by international arbitration that is mutually agreeable. State parties to the United Nations Convention on the Law of the Sea (UNCLOS) can make a claim to have their case resolved by binding (compulsory) dispute settlement.

In reality, disputes in the South China Sea cannot be settled in the foreseeable future but only managed. That is because China and Vietnam both claim "indisputable sovereignty" over rocks and features in the South China Sea and will not compromise. Domestic public opinion in both countries has become so riled that the current regimes have little room for manoeuvre.

Nations can protect their sovereignty by what international relations specialists call "self-help", that is building up and modernising their armed forces for self-defence and to deter an adversary. Nations can also ally with other states to share the burden of protecting national sovereignty. The UN Charter makes provision for the Security Council to take action if a state is threatened by force or the use of force.

Current disputes in the South China Sea could be managed through a legally binding and enforceable Code of Conduct ratified by all states in dispute. Or, current disputes could be managed through a balance of power in which a coalition of like-minded states bands together to maintain the peace.

- NW Ali : What are Japan's strategic interests in the East and South China Seas? How have these interests shaped Japan's approaches to its own territorial claims?

- Carl Thayer : Japan is an island state dependent on two-way trade, and the import of energy in order for its economy to function. China is Japan's largest trading partner. And Japan currently administers the Senkaku Islands in the East China Sea over which China asserts a claim to sovereignty. Japan is also a treaty ally of the United States which has declared that the treaty covers the Senkaku Islands.

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