South China Sea: Battle of the Diplomatic Notes among China and Non-Claimant States

Abstract

The South China Sea disputes are becoming increasingly tense with more and more countries expressing their views on legal issues and actions of claimant Statess in the South China Sea. In December 2019, Malaysia deposited a partial submission to the United Nations Commission on the Limits of the Continental Shelf to establish the limits of its extended continental shelf beyond 200 nautical miles in the northern part of the South China Sea. The submission sparked a new legal battle of diplomatic notes with the participation of South China Sea coastal States which can also be regarded as claimant States in the contet of the South China Sea disputes (Brunei, China, Malaysia, the Philippines and Viet Nam) as well as non-claimant States (Australia, France, Germany, Indonesia, Japan, New Zealand, the United Kingdom and the United States). Following the article “South China Sea: New Battle of the Diplomatic Notes among claimants in 2019–2021” published in the Asia-Pacific Journal of Ocean Law and Policy 6 (2021), this paper provides an analysis of the exchange of diplomatic notes between China and non-claimant States with the aim of understanding the impact of these exchanges on the prospect for the peaceful settlement of the maritime disputes in the South China Sea.