Maritime security : joint cooperation in the Malacca strait as a model of collective conflict management for the South China Sea

다국어 초록 (Multilingual Abstract)

The most important safeguard for a nation’s survival is ensuring security of its territory. In the post-Westphalian international system we have delineated boundaries; however, states are constantly seeking to gain more power to secure their place in the international order. One of the most poignant security issues facing the Asia Pacific today involves maritime security. Although the UN Convention on the Law of the Seas (UNCLOS) has created a framework for maritime water laws, boundaries are constantly disputed and vague territorial claims are made. This thesis makes a case study of maritime conflict management comparing the Malacca Strait to the South China Sea. In the Malacca Strait, a security crisis of protecting the Strait from piracy became more important than resolving territorial disputes. This research analyzes how Malaysia, Indonesia, and Singapore were able to negotiate a cooperative management framework amidst territorial disputes to ensure mutual security in the Malacca Strait by forming joint patrols. It then evaluates possibilities for applying this collective conflict management strategy to current disputes in the South China Sea. Ultimately, this thesis shows that cooperative conflict management can be a successful strategy not only in the cases of the Malacca Strait and South China Sea but also can be used as a model for conflict management more broadly in the Asia Pacific region. Although total agreement and resolution is nearly impossible, the international community can still agree to manage conflict in a more organized way. In light of recent rhetoric by China to create a Maritime Silk Road and establish the Asian Infrastructure Investment Bank (AIIB), there is a small window of opportunity for the international community to persuade China to act as a responsible stakeholder. Conflict resolution is not likely, but conflict management is achievable.

목차 (Table of Contents)

• I. Introduction 1
• 1.1 Research Importance 2
• 1.2 Methodology and Roadmap 5
• II. Literature Review 9
• 2.1 Theoretical Framework of State Behavior 9
• 2.2 Sovereignty and Legitimacy 13
• 2.3 Impact of Globalization on State Behavior 16
• III. Theoretical Framework: Collective Security vs Collective Conflict Management 20
• 3.1 Applications and Importance 26
• IV. Maritime Security and Territorial Claims 31
• 4.1 Water Law and Maritime Security 31
• 4.1.1 Wilson’s Fourteen Points 33
• 4.1.2 UN Convention on the Law of the Seas 35
• 4.2 Maritime Security Frameworks in Southeast Asia 41
• 4.2.1 ASEAN and the Treaty of Amity and Cooperation 43
• 4.2.2 Code of Conduct 45
• V. Case Study: Malacca Strait 51
• 5.1 Historical Overview of Piracy 51
• 5.2 Overcoming Territorial Concerns to Combat Piracy 58
• 5.2.1 Overcoming Piracy: Lloyd’s of London Shipping Premiums 59
• 5.2.2 Overcoming Piracy: Forming Collective Joint Security Patrols 60
• VI. Case Study: South China Sea 64
• 6.1 Strategic Importance 64
• 6.2 Claimant States 67
• 6.3 China and the South China Sea 70
• 6.3.1 China and Multilateralism 74
• 6.3.2 AIIB, Maritime Silk Road, and Engagement Opportunities 77
• 6.4 Policy Recommendations 80
• 6.4.1 United States Policy Perspective 82
• VII. Conclusion 85
• 7.1 Future Prospects 86
• Bibliography 91