ABSTRACT
The South China Sea is one of the richest in biodiversity semi-enclosed seas in the world but it is also increasingly threatened by human activities, including overfishing, destructive fishing, pollution, land reclamation and island construction. The South China Sea disputes and consequent tensions in the area have exacerbated the risks to the marine environment. The South China Sea arbitration stressed the need and urgency to address the threats to the environment by human activities in the area. The Tribunal undertook an extensive review of the status of the marine environment and the threats in the Spratly Islands, and clarified the scope and content of the obligations of states under the Law of the Sea Convention and other international agreements (such as CBD and CITES) in areas within and beyond national jurisdiction. Various proposals have been made for collaborative action for the protection of the marine environment in the South China Sea. Most of them aim to disassociate the protection of the environment from the sovereignty and maritime delimitation disputes, and stress the need for the prioritisation of the collective interests of all littoral states to achieve sustainable development and effective management of this fragile and unique environment. This chapter reviews the key proposals for regional cooperation for the protection of the marine environment and preservation of biodiversity in the South China Sea, and suggests a framework for collaborative action in the light of the findings of the Tribunal in the Philippines/China arbitration.
