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"Preface" [2013] ELECD 754; in Beckman, Robert; Townsend-Gault, Ian; Schofield, Clive; Davenport, Tara; Bernard, Leonardo (eds), "Beyond Territorial Disputes in the South China Sea" (Edward Elgar Publishing, 2013) xv

Book Title: Beyond Territorial Disputes in the South China Sea

Editor(s): Beckman, Robert; Townsend-Gault, Ian; Schofield, Clive; Davenport, Tara; Bernard, Leonardo

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781955932

Section Title: Preface

Number of pages: 2

Extract:

Preface
Professor S Jayakumar

The territorial disputes in the South China Sea are a serious cause for
concern as they have become major flashpoints for tension and potential
conflict in this region. Some or all of the features are claimed by Brunei
Darussalam, China, Malaysia, the Philippines, Viet Nam and Taiwan.
Many are occupied by the claimants and some have even been fortified.We
all know that by their very nature, sovereignty and jurisdictional disputes
are complex and take a long time to resolve. The technical and legal ques-
tions are complicated enough, but the disputes are further entangled in a
web of competing narratives of history and emotive strands of national-
ism. Although legal and diplomatic channels exist to resolve territorial and
jurisdictional claims, these ancillary elements sometimes define the debate
and raise the stakes. As a result, no side can be seen to be backing down
or giving in without incurring high political costs. Further, as countries
find it difficult if not impossible to concede loss, they are reluctant to refer
such disputes to an international court or tribunal. The South China Sea
disputes are no different. The complex historical, geographical, political
and legal considerations that characterise the South China Sea disputes
mean that these disputes are unlikely to be resolved by agreement or by an
international court or tribunal.
The question is: what is the alternative? How can we manage the
disputes in the South China Sea? Joint development is a practical way
forward if we do ...