ABSTRACT

This chapter discusses the dispute settlement regime under Part XV of United Nations Convention for the Law of the Sea (UNCLOS). It explores the different approaches of the South China Sea (SCS) claimant states towards a third-party compulsory settlement mechanism. The chapter examines the State practice in maritime dispute settlement. It also suggests a four tiered model of maritime dispute management in a practical manner in the SCS. Namely - environmental security as a driving force of cooperation in the SCS, fisheries cooperation as a start of the SCS disputes resolution, UNCLOS as a framework for ocean governance in the SCS, and lastly, transformation of ways of thinking as a foundation to lead policy and research direction. Any conflict in the SCS will pose a threat to regional and international security. Seeking a peaceful solution to this dispute thus becomes an important priority for these countries' foreign policy-makers.