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James Chieh Hsiung. South China Sea Disputes And The Us-china Contest, The: International Law And Geopolitics
About the Author
Contents
Table of Acronyms (Common Abbreviations)
Table of Cases Cited
Introduction
Chapter. 1. The Provenance and Ramifications of the SCS Conflicts: Law, Resources, and Geopolitics
Highlight on SCS Resources: Competing Claims
China’s Connections: An Inherent Link to a Historic Waters Claim
U.S. Support Stiffening the Backbone of China’s Competitors
An Evaluation of Hillary Clinton’s Two Charges Against China
Chapter. 2 “China’s Caribbean”: Competing Claims by the Parties — A Comparison in History and Law
The SCS: A Political Geography
China’s History of Involvement; and Foreign Interferences and Dissent
China’s U-Shaped 9-Dash Line: Origins and Legal Significance
Attitudes of Foreign (Incl. Former Colonial) Powers Toward China’s SCS Claims
Britain
Germany
The United States
The Soviet Union
France
Competing Claims by the Other Contestants
The Vietnamese Position
The ROV’s attitude
The socialist republic of Vietnam
The Philippines’ Claim
Malaysia’s Claim
Brunei’s Claim
Concluding Comments
Chapter. 3 “Historic Waters” in General International Law, and as Tested in Judicial Cases
The Concept, Definition, and Theory of Historic Waters. Concept
Theory
Definition
Historic Waters in General International Law as Tested in ICJ Cases
Historic Waters and Historic Rights Differentiated
The Legal Status of the Waters Enclosed by the U-Shaped Line
Countering Third-Party Challenges to the Legality of the Chinese Claim
Chapter. 4. The PCA Arbitration between the Philippines and China: A Critique from General International Law. Rectification of Names
The Background of the Case: Genesis of China’s Nemesis
The Tribunal’s Initial Award: Jurisdiction and Admissibility
The Tribunal’s UNCLOS-Based Final Award Against China: A Critique
Recourse for China Following the Negative Arbitral Award: Damage Control Needed
Chapter. 5. Before the Storm: U.S.–China Relations in Retrospect — Patterns and Antecedents
American–Chinese Relations and U.S. China Policy: Patterns in Historical Light
The Unfolding of U.S. China Policy in Historical Contexts: Treaties and Congressional Acts
Genesis of the Open Door Policy23
The Nine-Power Treaty: Codification of the Open Door Doctrine
From Japan’s Aggression in China to Its Attack on Pearl Harbor
FDR’s Post–WWII Scenario
Reversal of the FDR Scenario in Asia After the 1949 Communist Rise in China
Twists and Turns in Post–WWII History and the Reversal of the Reversal of FDR’s Scenario
The Rationale for the Turnaround in the United States’ China Policy
The Kissingerian Premises, Opening of China and Beyond
Post-Watergate and Normalization with China, Until the Soviet Demise
Chapter. 6. The U.S.–China Contest (I): A Clash of Visions and the Chain of Escalatory Reactions
The U.S. Vision on China’s Rise
Past U.S.–China Policy Initiatives: and Current U.S. Vision on China’s Rise
The Chinese Vision on Its Own Rerise and How It is Greeted by the United States
The Effects of China’s Experience in Dealing with Foreign Powers Since the 1840 Opium War
North Korea
Iran
Libya
Conclusion
What Precipitated the Post-2010 U.S.–China Contest?
Perception Gap, Reaction, Counterreaction, and Counter to Counterreaction,ad infinitum
Tracing the Chain of Events: Forward and Backward in Time
Chapter. 7. The U.S.–China Contest (II): Risk of a Thucydides Trap (?)
Differing U.S. and Chinese Strategies for Competition
RMB Internationalization
Conclusion
Chapter. 8. The Way Out of the Legal and Geopolitical Tangles: From the “China Threat” Scare to a New World Order
Interpreting China’s Rerise: Dissidence and Shifts in the Intellectual Climate2
China’s Power Deficit
Shifts in the China Debate and Trump’s Attitudinal Shifts
China’s Scofflaw Stigma Over SCS and Its Exoneration
An Equitable Restructuring of the Issues at Stake
Logical Conclusions Under General International Law: End of Disputes
Conclusion
References
Index
