Malaysia think-tanker advocates dialogue instead of confrontation on maritime disputes

9 December 2024

SANYA, China: During the 5th Symposium on Global Maritime Cooperation and Ocean Governance, organised by the Huayang Centre for Maritime Cooperation and Ocean Governance, the National Institute for South China Sea Studies, the China Oceanic Development Foundation, and the Hainan Free Trade Port Research Institute, recently, speakers shared their perspectives on maritime dispute resolution and collaborative efforts in maritime governance.

Professor Philip Saunders from Dalhousie University of Canaca thinks that resource and territorial disputes are rarely resolved through arbitration. Even if arbitration proves somewhat effective in resolving such disputes, it cannot address all aspects of the conflict.

Wu Shicun, Chairman of Huayang Centre for Maritime Cooperation and Ocean Governance believes that the current tension in the South China Sea is primarily caused by multiple factors.

Oh Ei Sun, Malaysia think-tanker advocates resolving territorial disputes through dialogue rather than confrontation. The advantage of dialogue in resolving disputes is that even if differences arise, expressing mutual concerns can significantly ease tensions.

He posits that when senior officials from conflicting nations come together to negotiate and establish dialogue mechanisms, three possible outcomes may emerge.

First, the disputing parties may successfully reach a bilateral agreement. Second, in the absence of a bilateral agreement, they might choose to submit the issue to an international dispute resolution mechanism. Lastly, the dispute could remain unresolved, only to be revisited as future conflicts arise.

Yi Xianliang, former Ambassador of China to Norway believes that disputes should be resolved through two main approaches: "mechanisms" and "rule of law."

Regarding the issue of mechanisms, he argues that countries need to establish high-level mechanisms capable of making political decisions, as well as a mechanism for scientific and technological exchange.

Regarding the rule of law, he points out that there are currently no relevant legal rules among coastal states, nor is there a foundation for establishing such rules. Yan YAN, academic of National institute for South China Sea Studies, suggests that countries should view maritime security as an inclusive maritime interest rather than an exclusive one, so that countries can better reach maritime cooperation and build trust before dispute is finally settled.