The Collateral Damage from China's 'Great Wall of Sand' – The Environmental Dimensions of the South China Sea Case

Abstract

This contribution to the Australian Year Book of International Law’s agora on the South China Sea case assesses its treatment of fisheries and environmental issues. These matters might seem only second or third order concerns given the sovereignty and security issues also at stake. However, the South China Sea is one of the world’s most ecologically diverse marine bioregions and sustains an array of coral reef systems and highly productive and valuable fisheries. Contrary to popular perceptions access to these fisheries is more central to the disputes between the littoral states of the region than control over oil and gas resources. The arbitral Tribunal’s merits award clearly recognises this and addresses environmental protection and living resource questions in great length and detail.

Keywords: South China Sea, international law, law of the sea, international environmental law

JEL Classification: K10, K30, K33