The Permanent Court of Arbitration in The Hague, Netherlands, on July 12 ruled in favor of the Philippines in a maritime dispute with China, concluding that China’s claims of historical rights over the bulk of the South China Sea were invalid.
So far commentaries have largely put emphasis on military, strategic and economic concerns. In fact, this arbitration award is not just an issue of geopolitics and sovereignty, but about the sustainability and wellbeing of our international commons.
The South China Sea is one of the most biodiverse areas on the planet — home to nearly 76 percent of the world’s coral species and 37 percent of the world’s reef fish. After consulting numerous experts and examining satellite imagery, the arbitral tribunal found that China’s recent large-scale land reclamation and construction of artificial islands in the Spratly Islands (Nansha Islands, 南沙群島) had caused grave harm to the coral reef environment and fragile ecosystems.
In addition, the final ruling clearly said that Chinese authorities were “fully aware of” and “actively tolerated” Chinese fishermen using propellers to harvest endangered giant clams — a method that damages marine life. These activities violate China’s obligations under the UN Convention on the Law of the Sea.
University of Miami, Florida, marine biology professor John McManus has called upon China and other nations in the region to end their conflicting views over territory and declare the South China Sea a special protection zone, like the Antarctic Specially Protected Area.
This proposal is morally appreciated and theoretically possible under international law, but it might face practical difficulties in this case. In particular, the disputed area is strategically important for military forces, the transport of international trade and hydrocarbon drilling.
However, we should not overlook the role of environmental peace-building in post-conflict settings. More specifically, internationalized management of natural resources can provide a useful opportunity to build trust between nations. International environmental law could mainstream sustainable considerations into the post-conflict activities of nations and international organizations.
Successful examples include environmental cooperation on water resources as specifically addressed in Annex IV of the October 1994 peace agreement between Israel and Jordan. Peru and Ecuador jointly created and manage “peace parks” — ecological protection zones in the Cordillera del Condor, Ecuador — as part of efforts to end long-standing border disputes.
At the multinational level, the World Bank has established a Post-Conflict Fund to finance projects with environmental sustainability elements, such as the 2012 recovery plan of Mindanao in the Philippines. Furthermore, since 1999, the UN Environment Program’s Post Conflict and Disaster Management Branch has managed several post-crisis environmental assessments in Afghanistan, Nigeria, Congo, Syria and the Balkans. These types of environmental assessments are sometimes explicitly featured in international litigation documents.
Overall, these efforts suggest that environmental considerations are continuously affecting peacemaking activities worldwide. Today, although Beijing has not addressed any environmental issue in its public statements, a multilateral action plan for South China Sea regional assessment and ecological restoration should be included in the post-arbitration negotiation agenda. Ultimately, international lawyers might not only defend the political interests of their nations, but also the beauty of our environment.
Yang Chung-han is a doctoral candidate researching international environmental law at the University of Cambridge and a member of the Taipei Bar Association.
Taiwan-India relations appear to have been put on the back burner this year, including on Taiwan’s side. Geopolitical pressures have compelled both countries to recalibrate their priorities, even as their core security challenges remain unchanged. However, what is striking is the visible decline in the attention India once received from Taiwan. The absence of the annual Diwali celebrations for the Indian community and the lack of a commemoration marking the 30-year anniversary of the representative offices, the India Taipei Association and the Taipei Economic and Cultural Center, speak volumes and raise serious questions about whether Taiwan still has a coherent India
Recent media reports have again warned that traditional Chinese medicine pharmacies are disappearing and might vanish altogether within the next 15 years. Yet viewed through the broader lens of social and economic change, the rise and fall — or transformation — of industries is rarely the result of a single factor, nor is it inherently negative. Taiwan itself offers a clear parallel. Once renowned globally for manufacturing, it is now best known for its high-tech industries. Along the way, some businesses successfully transformed, while others disappeared. These shifts, painful as they might be for those directly affected, have not necessarily harmed society
Democratic Progressive Party (DPP) spokesman Justin Wu (吳崢) on Monday rebuked seven Chinese Nationalist Party (KMT) lawmakers for stalling a special defense budget and visiting China. The legislators — including Weng Hsiao-ling (翁曉玲), Yeh Yuan-chih (葉元之) and Lin Szu-ming (林思銘) — attended an event in Xiamen, China, over the weekend hosted by the Xiamen Taiwan Businessmen Association, where they met officials from Beijing’s Taiwan Affairs Office (TAO). “Weng’s decision to stall the special defense budget defies majority public opinion,” Wu said, accusing KMT legislators of acting as proxies for Beijing. KMT Legislator Wu Tsung-hsien (吳宗憲), acting head of the party’s Culture and Communications
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