There are a community of people performing legal analysis over this South China Sea dispute.The complexity of maritime & territorial dispute in the South China Sea is nothing but mind numbing.
Since, The South China Sea, home to a wealth of oil and natural gas deposits, is the subject of numerous territorial disputes between the Republic of China (Taiwan), Malaysia, Brunei, the Philippines, and Vietnam. Beyond the natural resources in the region, there are also vital international trade routes about half of all oil tanker shipments cross the South China Sea-- military bases, and fisheries. China, in particular, continues to increase its military presence in the area and island-building, putting both the region and the United States on alert.
Under the United Nations Convention on the Law of the Sea (UNCLOS) coastal states have the right to establish sovereignty over adjacent waters out to a maximum of 12 nautical miles from the nation's coastline, including the coastline of offshore islands. These enclosed waters are known as the coastal state's territorial sea. UNCLOS has nothing to say about the territorialdispute but it has a plenty to say about the maritime disagreement
From the Chinese perspective, these are not offensive actions but are just saving their traditional history. The Chinese believe they are the rightful owners of everything in the nine-dash line. it’s seen as a way of safeguarding China’s oil and fish resources in the South China Sea. From the Malaysian, Philippine and Vietnamese perspectives, these are highly aggressive moves. China seems to be unable to see other countries’ points of view though.
However, The US effort to challenge Chinese claims in South China Sea is however likely to become more vexed.
According to my opinion, The only way the U.S. can challenge this claim is by posing a real risk of being perceived as threatening behaviour.While the U.S. is trying to stick to the Law of the Sea as well..
The Government of China wouldn’t be wanting to be a major topic of discussion during the U.S. presidential election campaign, so the Probability would be that Beijing will try and keep things quiet relating to South China Sea in 2016. The situation may heat up however, with the expected results of the case at the Permanent Court of Arbitration between the Philippines and China
Hence the territorial claims by the South East Asian Countries and China should be compromised and come to a conclusion . It would be in respect of each nation’s sovereignty and integrity . There would be better co ordination and appropriate allocation of groups. Although China neither acknowledges the tribunal nor abides by its ruling.
The Way Forward
Looking at the current scenario, it would be better for all nations to settle down for the attainment of peace and a general consensuses regarding the territorial claims and control should be implemented by all the nations.