ABSTRACT

The sea lines of communication (SLOCs) across the South China Sea are among the most important in the world. Nearly half of the trade carried by these SLOCs is done with China, while extra-regional countries, notably Australia and the United States, sometimes overstate their dependence on the SLOCs to justify their strategic involvement in the sea. The countries bordering the South China Sea are obligated to ensure the safety of navigation in the sea, including the provision of meteorological and hydrographic services, protection against the threats of piracy and sea robbery, and the maintenance of search and rescue (SAR) services, as well as to protect the marine environment from ship-sourced marine pollution A range of international instruments have been introduced over the years related to these obligations. These were boosted following the terrorist attacks of 9/11 by additional measures to improve the safety and security of merchant ships, such as the Automatic Identification System (AIS) and the International and Port Facility Security (ISPS) Code. Unfortunately, some bordering countries are not party to all the relevant international conventions, and the level of cooperation and coordination between these countries to provide for the safety of navigation, SAR, and the protection of the marine environment remains short of what it should be. This situation may not be redressed until there is an agreed Code of Conduct for the South China Sea.