As part of the National Committee’s mission to promote high-level exchange and constructive dialogue on sensitive topics, the Committee and the National Institute for South China Sea Studies (NISCSS) co-sponsor a bi-annual U.S.-China Track II Dialogue on Maritime Issues & International Law – the first such ongoing dialogue of its kind. Established in October 2012, the purpose of this dialogue is to convene American and Chinese legal experts to explore the issues surrounding China’s recent maritime disputes and escalated tensions in both the South China Sea and the East China Sea in order to better understand their impact on China’s relationships with its neighbors and U.S.-China relations, while at the same time provide suggestions for improving the management and settlement of current maritime disputes.

2023 U.S.-China Track II Dialogue on Maritime Issues & International Law

September 19, 2023 and September 21, 2023
Virtual


This iteration of the National Committee’s Track II dialogue was again held virtually. The American and Chinese delegations, composed of naval, legal, and geopolitical experts, were again led by Stephen Orlins, the National Committee’s president, and by Wu Shicun, president of the National Institute for South China Sea Studies (NISCSS), respectively. The delegations met over two days, discussing legal, political, and military aspects of the maritime disputes and activity in the South and East China Seas. Specific topics included the geopolitics of the South China Sea; territorial sovereignty and possibilities for joint resource development; opportunities for cooperation in area-based management and marine protection; freedom of navigation; the development and legal status of new maritime technology; as well as security issues in both the East and South China Seas. The group continued longstanding discussion of what processes might be implemented to improve the situation in the South China Sea, to avoid crises, and to encourage third party claimant states to engage in conversations with one another and with China.

Both sides felt the dialogue was productive in advancing genuine understanding of the issues regarding maritime disputes, the U.S.-China relationship, and regional relations of importance to both countries. The participants are drafting a list of ideas for managing tensions in this complex relationship that will be recommended to decision-makers on both sides. Participants hope to meet in-person for the next round of dialogues.

2019-2022 U.S. China Track II Dialogue on Maritime Issues & International Law

September 6 and 7, 2022
December 6 and 7, 2021
December 15 and 16, 2020
June 29 and 30, 2020
Virtual

Due to the global pandemic, this dialogue met virtually beginning in 2020. The American and Chinese delegations, composed of naval, legal, and geopolitical experts, were led by Stephen Orlins, president of the National Committee, and by Dr. Wu Shicun, president of the National Institute for South China Sea Studies (NISCSS), respectively. Over two days the participants reviewed the legal, political, and military aspects of the maritime disputes and activity in the South and East China Seas. Topics included the status and role of international law in dispute resolution; the geopolitics of the South China Sea; territorial sovereignty and possibilities for joint resource development; opportunities for cooperation in area-based management and marine protection; freedom of navigation; the development and legal status of new maritime technology; and security issues in both the East and South China Seas. The group considered what might be done to improve the situation in the area, avoid crises, and lead to resolution of disputes.

The dialogue sessions advanced mutual understanding of the issues regarding maritime disputes, the U.S.-China relationship, and regional relations of current importance to both China and the United States. A list of ideas for managing tensions was recommended to decision-makers in both countries


2018 U.S.-China Track II Dialogue on Maritime Issues & International Law

July 25, 2018 to July 27, 2018
Provincetown, MA


The second iteration of our maritime Track II dialogue in 2018 was held in Provincetown, Massachusetts. The American and Chinese delegations, composed of naval, legal, and geopolitical experts, were again led by Stephen Orlins, the National Committee’s president, and by Dr. Wu Shicun, president of the National Institute for South China Sea Studies (NISCSS), respectively. The delegations met for two days and actively participated in candid and constructive discussions on legal, political, and military aspects of the maritime disputes and activity in the South and East China Seas. The discussion’s focal points included: the present status and role of international law in dispute resolution; the geopolitics of the South China Sea; territorial sovereignty and possibilities for joint development; opportunities for cooperation in area-based management and marine protection; freedom of navigation; the development and legal status of new maritime technology; as well as, security issues in both the East and South China Seas. The group continued its discussion of what processes might be undertaken to improve the situation in the South China Sea, to avoid crises, and to lead toward resolution of disputes and a mutually acceptable outcome.

Both sides felt the dialogue was productive in advancing mutual understandings of the issues regarding maritime disputes, the U.S.-China relationship, and regional relations of current importance to both China and the United States. More importantly, our participants again are in the process of drafting a list of ideas for managing tensions in this complex relationship that will be recommended to decision-makers on both sides.

January 15, 2018 to January 17, 2018
Sanya, Hainan, China


This round of our maritime Track II dialogue was held in Sanya, Hainan Province, China. The American delegation of legal experts was again led by Stephen Orlins, the National Committee’s president, and the Chinese side was chaired by Dr. Wu Shicun, the president of National Institute for South China Sea Studies (NISCSS). Accomplished experts on international law and maritime disputes composed both delegations. The two sides met for a day and a half and all participants actively participated in candid and constructive discussions on legal, political and military aspects of China’s maritime disputes in the South and East China Seas. The issues these legal experts focused on included the present status and role of international law in dispute resolution, territorial sovereignty and joint development, the legal and strategic meaning of China’s land reclamation efforts in the South China Sea, maritime jurisdiction and institutionalized dispute resolution approaches, as well as security issues in the East and South China Seas. The group continued its discussion of what process or processes might be undertaken to improve the situation in the South China Sea, to avoid crises, and to lead toward resolution of disputes and a mutually acceptable outcome.

Both sides felt the dialogue was significantly productive in advancing mutual understandings of the issues regarding maritime disputes, the U.S.-China relationship, and regional relations of current importance to both China and the United States. More importantly, our participants came up with a list of ideas for managing tensions in this complex relationship that will be recommended to decision-makers on both sides.

2017 U.S.-China Track II Dialogue on Maritime Issues & International Law

July 26, 2017 to July 28, 2017
Provincetown, MA

At this round of our maritime Track II dialogue, held in Provincetown, Massachusetts, the American delegation of legal experts was again led by Stephen Orlins, the National Committee’s president, and Jerome Cohen, professor of law and founder and co-director of U.S.-Asia Law Institute at New York University. The Chinese side was chaired by Dr. Wu Shicun, the president of National Institute for South China Sea Studies (NISCSS). Accomplished experts on international law and maritime disputes composed both delegations.

The two sides met for a day and a half and all participants actively participated in candid and constructive discussions on legal, political and military aspects of China’s maritime disputes in the South and East China Seas. The issues these legal experts focused on included the present status and role of international law in dispute resolution, territorial sovereignty and joint development, the legal and strategic meaning of China’s land reclamation efforts in the South China Sea, maritime jurisdiction and institutionalized dispute resolution approaches as well as security issues in the East and South China Seas.

This dialogue allowed the participants to come to greater understanding of the motivations of the many players in this issue, providing insight that could inform Chinese and American official decision-making during this crucial period of uncertainty. Our participants agreed that the overall relationship between the United States and China has many areas of cooperation and even co-dependence. These should help serve as stabilizing forces if tensions in the maritime domain become too severe. Therefore, it is important for the United States and China to accept that the South China Sea will be a zone of overlapping strategic interests and to devise effective mechanisms to maintain stability between us despite this new aspect of competition in our relationship. Both sides felt the dialogue was significantly productive in advancing mutual understandings of the issues regarding maritime disputes, the U.S.-China relationship, and regional relations of current importance to both China and the United States.


January 8, 2017 to January 10, 2017
Haikou, Hainan, China


At this round of our Track II dialogue, held in Haikou, China, the American delegation of legal experts was again led by Stephen Orlins, the National Committee’s president, and Jerome Cohen, professor of law and founder and co-director of U.S.-Asia Law Institute at New York University. The Chinese side was chaired by Dr. Wu Shicun, the president of National Institute for South China Sea Studies (NISCSS), and Major Gen. (Rtd) Qian Lihua, former director-general of the Foreign Affairs Office of the Chinese Ministry of National Defense. Accomplished experts on international law and maritime disputes composed both delegations. President Wu hosted the American delegation at their institute.

The two sides met for a day and a half and all participants actively participated in candid and constructive discussions on legal, political and military aspects of China’s maritime disputes in the South and East China Seas. The issues these legal experts focused on included the present status and role of international law in dispute resolution, territorial sovereignty, the legal and strategic meaning of China’s land reclamation efforts in the South China Sea, maritime jurisdiction and institutionalized dispute resolution approaches as well as security issues in the East and South China Sea.

This dialogue allowed the participants to come to greater understanding of the motivations of the many players in this issue, providing insight that could inform Chinese and American official decision-making during this crucial period of uncertainty. Our participants agreed that the overall relationship between the United States and China has many areas of cooperation and even co-dependence. These should help serve as stabilizing forces if tensions in the maritime domain become too severe. Therefore, it is important for the United States and China to accept that the South China Sea will be a zone of overlapping strategic interests and to devise effective mechanisms to maintain stability between us despite this new aspect of competition in our relationship. Both sides felt the dialogue was significantly productive in advancing mutual understandings of the issues regarding maritime disputes, the U.S.-China relationship, and regional relations of current importance to both China and the United States.

2016 U.S.-China Track II Dialogue on Maritime Issues & International Law (United States)

June 29, 2016 to June 30, 2016
New York, NY


At this year’s dialogue, held in New York, the American delegation of legal experts was again led by Stephen Orlins, the National Committee’s president, and Jerome Cohen, professor of law and founder and co-director of U.S.-Asia Law Institute at New York University. The Chinese side was chaired by Dr. Wu Shicun, the president of NISCSS, and Major Gen. (Rtd) Qian Lihua, former director-general of the Foreign Affairs Office of the Chinese Ministry of National Defense. Accomplished experts on international law and maritime disputes composed both delegations.

The two sides met for a day and a half and all participants actively participated in candid and constructive discussions on legal and political aspects of China’s maritime disputes in the South and East China Seas. The issues these legal experts focused on included the present status and upcoming ruling by the Permanent Court of Arbitration (PCA) in Hague on the Philippines’ UNCLOS Annex VII arbitration against China, territorial sovereignty, the legal and strategic meaning of China’s land reclamation efforts in the South China Sea, maritime jurisdiction, international and institutionalized dispute resolution approaches as well as security issues in the East and South China Seas.

This dialogue allowed the participants to come to greater understanding of the motivations of the many players in this issue, providing insight that could inform Chinese and American official decision-making. We had also invited Robert Beckman, director of Centre for International Law and associate professor at National University of Singapore to be our dinner speaker to provide a different perspective. Furthermore, together the expert from both sides explored the function of international law and institutional dispute resolution mechanisms in helping resolve and manage the current disputes and raised important and creative recommendations for possible ways managing these disputes. Both sides felt the dialogue was significantly productive in advancing mutual understandings of the issues regarding maritime disputes, the U.S.-China relationship, and regional relations of current importance to both China and the United States.

2015 U.S.-China Track II Dialogue on Maritime Issues & International Law (United States)

April 17, 2015 to April 18, 2015
Washington, DC


At this year’s dialogue, held in Washington, D.C., the American delegation of legal experts was again led by Stephen Orlins, the National Committee’s president, and Jerome Cohen, professor of law and founder and co-director of U.S.-Asia Law Institute at New York University. The Chinese side was chaired by Dr. Wu Shicun, the president of NISCSS, and Major Gen. (Rtd) Qian Lihua, former director-general of the Foreign Affairs Office of the Chinese Ministry of National Defense. Accomplished experts on international law and maritime disputes composed both delegations. 

The two sides met for a day and a half and all participants actively participated in candid and constructive discussions on legal and political aspects of China’s maritime disputes in the East and South China Seas. The issues these legal experts covered included territorial sovereignty, the legal and strategic meaning of China’s land reclamation efforts in the South China Sea, maritime jurisdiction, the present status and future prospects of the Philippines’ UNCLOS Annex VII arbitration against China, international and institutionalized dispute resolution approaches as well as security issues in the East and South China Seas. 

This dialogue allowed the participants to come to greater understanding of the motivations of the many players in this issue, providing insight that could inform Chinese and American official decision-making. Furthermore, together the experts from both sides explored the function of international law and institutional dispute resolution mechanisms in helping resolve and manage the current disputes and raised important and creative recommendations for possible ways managing these disputes. Both sides felt the dialogue was significantly productive in advancing mutual understandings of the issues regarding maritime disputes, the U.S.-China relationship, and regional relations of current importance to both China and the United States.

2014 U.S.-China Track II Dialogue on Maritime Issues & International Law (China)

October 25, 2014 to October 28, 2014
Sanya, Hainan, China


The 2014 dialogue was held October 25-28 in Sanya, Hainan, China. The American delegation of legal experts was led by Stephen Orlins, the National Committee’s president and Peter Dutton, professor and director of China Maritime Studies Institute at U.S. Naval War College. The Chinese side was chaired by Dr. Wu Shicun, the president of NISCSS, and Mr. Gao Zhiguo, judge of International Tribunal for the Law of the Sea. Accomplished experts on international law and maritime disputes composed both delegations.

The two sides met for two days of open and candid discussion on issues relating to territorial sovereignty, maritime jurisdiction, international and institutionalized dispute resolution approaches as well as security issues in the East and South China Seas. These meetings allowed the participants to come to greater understanding of the motivations of the many players in this issue, providing insight that could inform Chinese and American official decision-making. The discussion gave the American side an opportunity to hear a clear articulation of China’s legal claims, which are often insufficiently understood by those outside China.
Both sides felt the dialogue was significantly fruitful in advancing mutual understandings of the issues regarding maritime disputes, the U.S.-China relationship, and regional relations of current importance to both China and the United States. All the participants appreciate a clarification of these complex issues and hope to continue this dialogue annually.

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