The Declaration of the South China Sea as a Global Common: Conflict Management and Environmental Protection

The concept of Global Commons refers to areas or resources outside the control of any particular nation state (UNEP), but on which many may depend or at least benefit. The existence of such spaces can be enormously favourable for trade, communication, governance and, in short, the functioning and stability of the international order. In view of the successive definitions of the concept of Global Common, there is clearly no reason not to consider the South China Sea as such. It is so not only because of the “High Sea” nature of much of the area, but also because of its value in terms of the biosphere and the physiosphere. It is therefore not surprising that since 1945 the South China Sea has been considered a Global Common without question. However, over time, China’s rise, its growing interests in the area and its increasing competition with other regional and extra-regional players would eventually alter this situation. The conflict in the South China Sea is therefore a conflict with many sides as, far from being merely a territorial conflict, it is also a fishing and energy conflict and, perhaps most important of all and, as we pointed out earlier, a geostrategic conflict. So far, all avenues for resolving the conflict, both jurisdictional and negotiated, have proved unsuccessful. Thus, we see how the tyranny of the commons continues in the area we are dealing with, as competition for resources continues to reach levels that make sustainable use of them impossible. In this regard, we are witnessing a rapid deterioration of the area’s coral reefs and an increasingly serious risk of military escalation with consequences that are difficult to measure and anticipate. As a result, and since it is increasingly urgent to find a solution to the problem, we believe that perhaps the best option, which has not been sufficiently considered until now, is to return to the consideration and management of the area as a global common, making it possible for all states with claims on the area to manage and exploit it jointly. However, it should be borne in mind that the main challenge to be overcome in order to enforce this solution is China’s own position and its wish to consolidate its exclusive control over the area.