The South China Sea: the worst maritime conflict that South-East Asia knows.
Why the “China” Sea? It is widely known under this name in the western world,but what do South-East Asian countries think about it? They believe that calling it the “South China Sea” implies that it belongs to China. Yet, these countries reject this statement.
For instance, the capital of Vietnam, Hanoi, refers to it as the East Sea while the capital of the Philippines, Manila, calls it the Western Philippine Sea. But then, who can claim sovereignty over this valuable and strategic territory? Moreover, what is the current geopolitical situation in the South China Sea?
This sea is an area of 3.5 million km2 and contains over 200 small islands and reefs, the most popular being the Spratly and Paracel archipelagos (an extensive group of islands). The South China Sea is surrounded by 11 countries including China, Vietnam, the Philippines, Thailand, Cambodia, Malaysia, etc…Since the area has many resources, all those countries want a “piece of the cake”.
Indeed, the South China Sea is a major source of fishery resources. To show how important this place is, the fishery industry of all coastal States surrounding this sea depends to a large extent on this zone which also supports 10% of the fishing industry on a worldwide scale.
Moreover, it is also a significant energetic and economic resource: the Paracel and Spratly islands are very rich in fertilizers, oil and natural gas. To put the problem into perspective, the available gas stock in the South China Sea represents 13.4% of the worldwide stock.
In addition, this territory constitutes a strategic place for all surrounding countries, especially for China.
Economically speaking, 90% of China’s foreign trade transit by this sea and over half of the world trade. Also, 6 major straits, including the famous Malacca Strait, pass by the South China Sea.
From a military perspective, the South China Sea is a strategic location for China’s defense. its concern here is to protect and monitor closely its borderlines. But also, to dispose of an opening for possible strikes. Let us say, the sovereign of these islands would obviously detain a big advantage since it would be able to control the navigation of the seaway between the near and the middle east. As well as using this territory for its naval airbase.
So how to solve this such important issue for many countries?
The United Nations Convention on the Law of the Sea (UNCLOS), signed in Montego Bay, is the law applied to any conflicts regarding the sea since 1994. In addition, all countries surrounding the area have ratified this Convention which leaves no doubts about its application. This convention divides the world’s maritime space into two categories: area “under the sovereignty of the coastal State” and international areas.
To provide some context, the territorial sea which extends 12 nautical miles from the coast, is one of the zones “under the sovereignty of the coastal State”. In this area, the Coastal State can do everything it wishes because it is sovereign. Except for allowing foreign ships to pass through. Another example is the exclusive economic zone (EEZ) which cannot extend more than 200 nautical miles from the coast. It gives the State exclusive rights to explore, exploit and manage natural resources.
In addition, the coastal State also has jurisdiction over facilities and structures within the EEZ, such as marine scientific research. To resume, an EEZ is a powerful factor, however, the State is not considered sovereign within the zone and is still required to allow foreign ships to pass through.
Regarding international areas, we mainly talk about the deep sea or open sea which are areas where no country can assert its sovereignty.
Despite the United Nations Convention on the Law of the Sea (UNCLOS), and especially its article 89 which states that “no Stat may validly purport to subject any part of the high seas to its sovereignty”, China did not hesitate to enforce its power in the region. For example, it has built on Hainan Islands, in the Sanya naval harbor, a major military facility containing nuclear-powered ballistic missile submarines. Furthermore, since 1974, it occupies the entire Paracel islands on which military front posts were installed, as well as a listening post, officially to pursue a scientific purpose.
To go further, in 1992, the Chinese parliament passed a maritime law claiming sovereignty over the largest part of the South China Sea including the exclusive economic zones of Indonesia, Malaysia and the Philippines.
Additionally, since the spring of 2011, numerous incidents have been occurring in the region. China appears determined to assert its control over the South China Sea. President Xi, intends to reclaim the territory that belonged to China in the past and make it a part of its current territory. To support this goal, he references the nine-dash-line map, established in 1946, as historical evidence of China’s occupation and use of the area dating back to the 12th century.
In the next few years, China increased conflict in the area through its policy of reclaiming territory.
In May 2011, a Chinese ship caused damage to a Vietnamese scientific ship located 100 km away from the Vietnamese coast in the Vietnamese exclusive economic zone. It is important to note that in an EEZ, the coastal State (in this case, Vietnam), has exclusive rights to conduct scientific research, and no other country is allowed to interfere. Yet China did try to stop them. Therefore, its actions were a violation of the United Nations Convention (UNCLOS).
In April 2012, Vietnamese and Russian petroleum companies signed an agreement to jointly exploit an area in the Vietnamese EEZ, located around the Mekong delta. Here again, China attempted vigorously to prevent this agreement from being carried out.
In June 2018, President Xi, told its state media “we cannot lose even an inch of the territory left by our ancestors. What belongs to other countries, we do not want it at all”.
From China’s perspective, the implementation of modern maritime laws does not erase the historical connection between China’s mainland and the islands it claims or cannot deny China’s previously recognized territories in the area.
In opposition, other countries did not remain inactive. They took action and brought the matter to the Permanent Court of Arbitration located in the Hague, Netherlands. On July 12th, 2016, the Court issued three major decisions, all against China.
Firstly, it ruled that China’s “historic” rights on living and non-livingn resources in the nine-dash-line area, as depicted on Chinese map, are incompatible with the United Nations Convention (UNCLOS).
Secondly, the Court determined that no islands in the South China Sea officially have an exclusive economic zone (EEZ). These lands are only considered rocks that may conceivably be surrounded by territorial sea (maximum 12 nautical miles) and therefore do not have an EEZ around them. This means that the sovereign of these islands does not dispose of exclusive rights to exploit or explore the area within 200 nautical miles.
Finally, the court confirmed that China has violated Vietnam’s sovereign right in its EEZ by destroying Vietnamese ships.
These decisions issued by the Court were seen as a major defeat for China, which promptly declared them illegal.
Beijing even stated that it is not willing to compromise and is ready to use military force to protect its fundamental interests if necessary.
As the conflict appears to escalate, on January 2nd, 2023, Ferdinand Marcos Jr, President of the Philippines, made a surprise visit to Beijing for three days in an effort to keep peace in the region.
Let us remember that China remains the first trading partner of the Philippines. Therefore, President Ferdinand cannot afford to let a geopolitical conflict in the South China Sea destroy the bilateral relationship between the two countries.
As a result of these negotiations, on January 5th, 2023, the Chinese Ministry of Foreign Affairs and the Philippines issued a joint statement announcing that the two countries have agreed to handle the conflict peacefully and establish direct communication channels in the South China Sea.
The two nations also reaffirmed the importance of maintaining and promoting regional peace and stability as well as freedom of navigation in the area.
President Ferdinand emphasized that territorial conflicts should not be the primary focus of the relationship between China and the Philippines. He stated, “We must elevate the dialogue between our two countries”. The current situation appears to be less tense than before and threats become rare while negotiations take place. However, it is important to remember that this conflict remains the most serious maritime disagreement in Southeast Asia.
Source: RFI
