ABSTRACT
The 21st century has seen the shifting of conflicts from the territorial-based claimed spaces to the extra-territorial ‘unclaimed’ or ‘contested’ spaces (cyber and space are other such domains). Till the previous century, territorial claims formed the grounds for contestation between states. Establishment of territorial borders has more or less settled the disputes on the land as a ‘spatial concept’. Hence, the creation and protection of land borders remains a crucial issue for state sovereignty – with several states having unresolved land borders – becoming the foundation of inter-state conflict. However, the same clarity that is needed to regulate state behaviour has not been achieved in the maritime domain. Without such spatial clarity and overarching governance architecture that has the power to enforce binding decisions on all the members, ensuring commitment to the maritime-related agreements amongst the littorals will remain a difficult task. Cooperation or contestation in the SCS will be determined by the SCS as seen as a maritime space by the states. On one side, the individual territorial and maritime claims can destabilise the region. Contrarily, recognising it as a free and open domain and abiding by the rule of law that is accepted by all can help countries coordinate their relations in a peaceful manner.
