ABSTRACT

This contribution suggests that the South China Sea states, in particular, are seemingly 'adrift' on complex waters. It seems clear from the foregoing that complexity, whether viewed from geographical, geopolitical or legal perspectives, is an enduring theme in the South China Sea. The coastal geography of the South China Sea is, however, complicated by the presence of a profusion of generally small islands, islets, rocks, shoals and reefs. The disputed islands and associated overlapping maritime claims have important underlying geopolitical dimensions that go far beyond the apparent insignificance of the disputed features themselves. Sovereignty remains a key consideration in the South China Sea disputes. At their core, these disputes involve sovereignty over territory. It should be noted that the Convention is not of direct relevance where disputes concerning sovereignty over land territory, such as the South China Sea islands, arise. Instead, international law concerning the acquisition of sovereignty over territory applies.