CRISIS OVER SOUTH CHINA SEA

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Amila Prasad Kariyawasam
Sri Lanka

THE SOUTH CHINA SEA

The South China Sea Islands consist of over 250 islands, atolls,
cays, shoals, reefs, and sandbars in the south china sea, none
of which have indigenous people, few of which have any
natural water supply, many of which are naturally under water
at high tide and many of which are permanently submerged.

The South China Sea comprises a stretch of roughly 1.4 million

square miles in the Pacific Ocean that encompasses an area
from the Singapore and Malacca Straits to the Strait of Taiwan,
spanning west of the Philippines, north of Indonesia, and east
of Vietnam.

The South China Sea islands number in the hundreds, although

the largest and most contentious/dispute territories include the
Spratly Islands, Paracel Islands, Pratas Islands, Macclesfield
Bank, and Scarborough Shoal, to which all of the six major
Southeast Asian nations lay various claims.

THE SOUTH CHINA SEA

The disputes aren't limited to land, however; each country has

an Exclusive Economic Zone(EEZ), prescribed by the 1982
United Nations Convention on the Law of the Sea (UNCLOS),
over which it has special rights to marine resources and energy
exploration and production.

An EEZ spans outward 200 nautical miles from the coast of the
each state's territorial sea, and may include the continental
shelf beyond the 200-mile limit.

The region is home to a wealth of natural resources, fisheries,

trade routes, and military bases.

THE SOUTH CHINA SEA

THE TERRITORIES INVOLVED IN THE SOUTH CHINA SEA DISPUTE

THE TERRITORIES INVOLVED IN THE SOUTH CHINA SEA DISPUTE

CHINA
China claims the largest share of territory in the South China Seas,
basing its assertions on historical groundsdemarcated by anine-dash
line it drewin 1947. It does not adhere to the international protocols set
out by the United Nations Convention on the Law of the Sea (UNCLOS),
and has clashed militarily with Vietnam and the Philippines over the
Paracels and Spratly Islands.
It has also resisted attempts to resolve the disputes through UNCLOS or
regional body ASEAN, preferring to pursue conflict resolution bilaterally.
Chinas maritime claims extend to the Diaoyu/Senkaku Islands in the
East China Sea, where it has clashed with Japan. Rising nationalism in
both countries and a long wartime history have escalated tensions
despite highly interconnected economies.
ASEAN countries have contested this boundary, but China has insisted
on the historical legitimacy of the line based on survey expeditions,
fishing activities, and naval patrols dating as far back as the fifteenth
century.

THE TERRITORIES INVOLVED IN THE SOUTH CHINA SEA DISPUTE

MALAYSIA
Malaysia claims some islets/ small islands in the southern Spratlys,
and has occupied five of them since 2009. In 1991, it developed a
resort and built an airstrip on Swallow Reef to promote tourism,
prompting fellow claimants, including the Philippines, Vietnam,
Brunei, and China to protest.
It clarified its claims in 2009 with the joint Vietnamese- Malaysian
submission to UNCLOS on the limits of the continental shelf, and
maintains a less confrontational relationship with China than other
claimants.
VIETNAM
Vietnamhas been one of the most vocal claimants in the South China
Sea dispute. It claims the Spratly and Paracel Islands based on its EEZ
and continental shelf zones, and joined Malaysia in May 2009 in a
joint submission of territorial claims in the South China Sea to
UNCLOS.
Vietnam fought China in 1947 over the Paracels, which China
occupied, and again in 1988 when Chinas navy sank three
Vietnamese vessels, killing seventy-four Vietnamese sailors on the

THE TERRITORIES INVOLVED IN THE SOUTH CHINA SEA DISPUTE

PHILIPPINES
The Philippines claims Spratly Islands based on its EEZ and
continental shelf zones. Tensions reached an inflection point
with the Chinese occupation of the Spratlys Mischief Reef
in 1994, leading to the first instance ofcombat between
China and an ASEAN member other than Vietnam.

Much of Manilas territorial tension with Beijing centers

around competition for resource development, and
skirmishes have erupted regularly since March 2011.

In early 2013 the Philippines was the first claimant country

to launch an arbitration case under UNCLOS against Chinas
South China Sea claims.

THE TERRITORIES INVOLVED IN THE SOUTH CHINA SEA DISPUTE

BRUNEI
While Brunei has not made any formal claims or engaged in
any confrontation with other claimants, it lays claim to the
Louisa Reef and Rifleman Bank, two formations in the
southern Spratlys, based on its EEZ.
Bruneis territorial claims overlap those of neighboring
Malaysia, and juts into those of China, Vietnam, and the
Philippines. It does not occupy any of the islands, nor does
it have a military presence in the South China Sea.
TAIWAN
Taiwan, where the Koumintang regime settled after defeat
by communists on the mainland in 1949, adheres to the
same nine-dash-line claim as China in the South and East
China Seas. It currently has a presence on the Spratly and
Pratas Islands.

THE TERRITORIES INVOLVED IN THE SOUTH CHINA SEA DISPUTE

JAPAN
Japan claims it annexed what it calls the Senkaku Islands in 1895.
It retained residual sovereignty over the islands after the Treaty of
San Francisco in 1951, and the United States returned full control
of the territory to Tokyo after the Okinawa Reversion Treaty in
1971. Japan views this reversion agreement as validation of its
sovereignty over the islands.
PARACEL ISLANDS
The paracels, which occupy roughly 7.75 square kilometers (4.8
square miles), are claimed by China and Vietnam. China occupied
the islands, building a military installation with an airfield and
harbor. The islands also boast fishing and natural resources.
SPRATLY ISLANDS
The Spratly Islands are a cluster of more than one hundred small
islands and reefs that together measure less than five square
kilometers (3.1 square miles).
The territory is host to rich fishing grounds and oil and gas
deposits, and is claimed by China, Vietnam, Malaysia, and the
Philippines.

THE TERRITORIES INVOLVED IN THE SOUTH CHINA SEA DISPUTE

PRATAS ISLANDS
Taiwan and China both claim them, although China also
claims Sovereignty over Taiwan more generally. The islands
are home to Taiwanese military outpost and even a civil
airport.
SCARBOROUGH SHOAL
This island is particularly rich fishing area is much closer to
the Philippines than it is to China. That did not stop Beijing
from starting a major confrontation over Scarborough in April
2012.
MACCLESFIELD BANK
The Macclesfield Bank, disputed between the People's
Republic of China, the Republic of China, the Philippines, and
Vietnam, with no land above sea-level.
DIAOYU/SENKAKU ISLANDS
Composed of five uninhabited islets and three rocks, the
Diaovu/Senkakus are the center of an escalating territorial
dispute between China and Japan. The region contains rich
fishing grounds and potential oil and gas deposits.

THE TERRITORIES INVOLVED IN THE SOUTH CHINA SEA DISPUTE

THE TERRITORIES INVOLVED IN THE SOUTH CHINA SEA DISPUTE

WHY SOUTH CHINA SEA IS SIGNIFICANT

ABUNDANCE OF NATURAL
RESOURCES IN THE REGION

There are minerals, natural gas and oil deposits on the islands and
under their nearby seafloor, also an abundance of sea life, such as fish,
animals and vegetation traditionally exploited as food by all the
claimant nations for thousands of years.

The immediate source of conflict in the region is competition over

resources. There are roughly half a billion people who live within 100
miles of the South China Sea coastline, and the volume of shipping
through its waters has skyrocketed as China and ASEAN nations
increase international trade and oil imports.

The need for resources , especially hydrocarbons and fisheries, also has
intensified economic competition in the region, particularly given the
rapid coastal urbanization of China.

According to the World Bank, the South China Sea holds proven oil
reserves of at least seven billion barrels and an estimated 900
trillion cubic feet of natural gas, which offer tremendous economic
opportunity for smaller nations like Malaysia, the Philippines, and
Vietnam, and energy security for China's large growing economy.


In December 2012, China's National Energy Administration named
the disputed waters as the main offshore site for natural gas
production, and a major Chinese energy company has already
begun drilling in deep water off the southern coast.
ABUNDANCE OF NATURAL RESOURCES IN THE REGION

Competitive tensions escalated when India's state-run Oil and

Natural Gas Corp announced it had partnered with petrovietnam for
developing oil in the disputed waters.
In June 2011, Vietnam accused a Chinese fishing boat of cutting
cables from an oil exploration vessel inside its EEZ. Hostilities
resurfaced in May 2014, when Chinese vessels fired water cannons
at a Vietnamese flotilla that allegedly approached a large Chinese
drilling rig near the Paracel Islands. The row affected Vietnam's
stock markets, which plunged after the incident.
Smaller-scale fishing incidents have instead become the hub of
maritime confrontation as declining fish stocks have driven
fishermen farther into disputed areas to search for supply, as well
as highly profitable illegal species.

THE IMPORTANCE OF THE SECURITY ENVIRONMENT IN THE SOUTH CHINA SEA

The strategic importance the South China Sea has been

rising in recent years. The main factors boosting the
strategic value of this maritime area have been:
a. Access to oceanic energy resources.
b. Territorial conflicts in the South China Sea and
East China Sea.
c. Buildup of naval military power by countries in the
region. Many countries in the region, including China,
have been pouring effort into strengthening their naval
power.

The following issues are as those most important from a security

perspective in the Asia-Pacific region, especially the South China
Sea, both today and into the future.
THE IMPORTANCE OF THE SECURITY ENVIRONMENT IN THE SOUTH CHINA SEA

a. Although China and ASEAN are working toward realizing a

code of conduct for the South China Sea that is
legally
binding and that creates a structure for confidence
building
measures, this does not appear likely to have much effect on the
most fundamental problems in the South China
Sea, namely
territorial issues, fishing rights and access to natural resources,
and naval buildup.
b. Problems in the South China Sea are difficult to resolve
either legally or politically. Yet there is no effective
mechanism
for resolving conflicts in the South China Sea.
c.
Germinating/growing geopolitical conflict between the
United
States and China in Asia is making already complex
and difficult problems.

THE PEOPLE'S REPUBLIC OF CHINAS

STANCE/ACTIONS

China is the main player in the South China Sea. China does not
have large sea area and also china as emerging supper power; it
doesnt respect the law of sea (12 Km territorial sea). China
needs economic development rather than capturing of other
countries therefore they need South China Sea to be free from
disturbances for their economic activities. However, Chinas
recent activity in the South China has been taking belligerent/
hostile actions in the sea.

China first made its claim over the islands after World War II
which went uncontested until the 1970s. China is in dispute over
maritime boundaries with 4 ASEAN members, Vietnam,
Malaysia, Brunei and the Philippines. Rising tensions between
Beijing and Manila has resulted in both sides accusing the other
of violating prior agreements and maritime boundaries.

Chinas claim to the Spratly islands is based on the historical

evidence. In the eyes of the Chinese authorities, their version of
history trumps international law.

By modernizing the Chinese navy and strengthening its ability

to enforce naval law, China has strengthened its assertions of

THE PEOPLE'S REPUBLIC OF CHINAS

STANCE/ACTIONS

Due to relatively calm relations between China and Taiwan in recent

years,
China has become able to get particularly involved with
South China Sea issues.

Chinas territorial claims in the South China Sea are represented by the
nine-dotted line that envelops about 80% of the seas area in a U
shape.

In order to broadly strengthen its presence and heighten its ability to

enforce naval law within the U-shaped line, China has been mobilizing
not only the Peoples Liberation Army Navy, but also paramilitary and
civilian naval bodies.

China has taken some contradictory actions in the past few years. First,
while strengthening its military it has simultaneously been developing
more active diplomatic relations.

The Chinese population is conservative regarding issues of territory and

sovereignty, and it is therefore difficult for the Chinese leadership to
take a flexible stance on such issues. Due to domestic political
conditions, Chinese policymakers have few options available on the
South China Sea problem, making flexible responses harder to achieve.

There are also strategic issues for China. In order to become a great

THE PEOPLE'S REPUBLIC OF CHINAS

STANCE/ACTIONS

Well on the path to becoming a superpower with a permanent seat

at the UN Security council, China is abusing its powers by pushing
its unwilling neighbors into negotiating on its own terms.

The priority on all sides should be to avoid military conflict, even as

China spars with its Southeast Asian neighbors, it is becoming the
largest trading partner and one of the biggest direct investors of
most Southeast Asian states since an ASEAN-China free trade area
came into effect.

On January 1, 2014, China imposed new restrictions on foreign

fishing vessels entering disputed portions of the South China Sea.
The move angered China's neighbors Vietnam, Taiwan, Malaysia,
and the Philippines and drew criticism from the United States,
where a U.S. State Department spokeswoman called the act
provocative and potentially dangerous."

China cannot promote its legal claims by expanding natural islands

LARGE NUMBER OF TRADE / SEA ROUTES CROSSING THE SOUTH

CHINA SEA

As much as 50 percent of global oil tanker shipments pass through

the South China Sea, which sees three times more tanker traffic than
the Suez Canal and more than five times that of the Panama Canal,
making the waters one of the world's busiest international sea lanes.

More than half of the world's top ten shipping ports are also located
in and around the South China Sea, according to the International
Association of Ports and Harbors. As intra-ASEAN trade has markedly
increasedfrom 29 percent of total ASEAN trade in 1980 to 41
percent in 2009maintaining freedom of navigation has become of
paramount importance for the region.

This is a very important issue, and has become the main concern of
Japan, the United States and even right now the European Union.
However, China is unlikely to instigate an interruption in traffic
because its business, exploration, and importation rely entirely on
freedom of navigation as well.

MILITARIZATION IN THE REGION

The region has also seen increased militarization in response to

China's burgeoning power, making disputes more difficult to resolve.

Vietnam and Malaysia have led regional military buildups and

increased arms trade with countries like Russia and India, while the
Philippines doubled its defense budget in 2011 and pledged five-year
joint military exercises with the United States.

The Philippines also embarked on a modernization program costing

roughly $1 billion that will rely heavily on U.S. sales of cutters (small
fast ships) and potentially fighter jets.

Ships are commonly involved in naval disputes, as exhibited in the

Scarborough Shoal incident

when the Philippines said its largest

warshipacquired from the United Stateshad a standoff with

Chinese surveillance vessels after the ship attempted to arrest
Chinese fishermen but was blocked by the surveillance craft.

MILITARIZATION IN THE REGION

China is building artificial islands to exert military influence in the

South China Sea. Philippine authorities have released satellite
pictures of six reefs in the Spratly archipelago that indicate that the
Chinese are building artificial structures in the disputed territories of
the South China Sea. These features could allow China to extend the
range of its navy, air force, coastguard and fishing fleets into the
disputed areas.

In response, the US and the Philippines announced they would

further strengthen their alliance to increase their military capacity.
The Philippines have already given the US military access to bases
on Philippine soil.

US INFLUENCE OVER THE SOUTH CHINA SEA

Chinas rigid attitude toward the South China Sea problem in recent years
has given the United States a chance to once again enhance its presence
in Asia.
At the July 2010 ASEAN Regional Forum (ARF), US Secretary of State
Hillary Clinton indicated that the national interest of the United States
includes free transit through the region, freedom of access to Asian ocean
commons, and strict observance of international law regarding the South
China Sea problem.
The American strategic approach to the Asia Pacific region and adjacent
waters is composed of the following three components:
a.
Emphasizing and strengthening relations with treaty allies in the
Asia Pacific while also strengthening contributions to multilateral
organizations in the region.
b.
Maintaining a strong military presence in the region in order to
maintain access to the ocean and freedom of actions that adhere to
international law.
c. positioning American naval power as the main actor promoting an

US INFLUENCE OVER THE SOUTH CHINA SEA

President Barack Obamas pivot to Asia security strategy says

that the United States, as an Asia Pacific country, aspires for an
international order in the region that provides a foundation for
peace and prosperity, in which all countries have rights and
responsibilities, and in which free trade and free transit are not
infringed upon.

American policy toward South China Sea sovereignty has been

fairly consistent since the late 1990s. Although Secretary of State
Clinton said at the July 2010 ARF that the United States would not
get involved in any territorial disputes, it has maintained a clear
position on the establishment of maritime borders.

The United States is well aware that although members of ASEAN

expect it to take a role in strengthening security in the South China
Sea, those countries are also not hoping for increased Sino-

US INFLUENCE OVER THE SOUTH CHINA SEA

The recent pivot to the region by the US is seen as a step in balancing Chinas
naval expansion. The US has said that it will remain neutral in the matter and
has urged ASEAN to act as mediator and settle the dispute through peaceful
negotiations.

The US appears to be reluctant to take sides for fear of incurring Chinas

angry. It would seem that the pivot was to not settle the dispute and calm
China but to protect its own interests and influence in Asia.

In April 15, President Obama said China using its sheer size and muscle to
push around smaller nations in South China Sea, after Beijing gave a detailed
defense of its creation of artificial islands in the contested waterway.

Chinas rapid reclamation around seven reefs in Spratly islands of the South
China Sea has alarmed other claimants and drawn criticism from US
Government and military. These new islands will not over turn US military
superiority in the region.

US INFLUENCE OVER THE SOUTH CHINA SEA

Control over strategic shipping lanes and freedom of navigation

are increasingly contested, especially between the United States
and China.

The US will hesitate to militarily defend ASEAN countries

against China. The Chinese and American economy are too
closely intertwined and the US has too much to lose from its
beneficial relationship with China, much more than with any of
its other allies in the region.

US presence in Japan, South Korea,

US PRESENCE IN THE REGION

THE ASEAN RESPONSE

A 2002 Declaration of Conduct between China and ASEAN was

intended to freeze the situation as a means of managing the conflict.
The first is by realizing confidence-building measures; the second is
via official negotiations for a legally binding Code of Conduct. ASEAN
has decided to begin drawing up a draft COC, but there are many
points of contention/disagreement and there is doubt over whether it
will be able to guarantee effectiveness even if enacted.

The member countries of ASEAN are using UNLCOS as a means to

pursue their own interests and oppose Chinas U-shaped line.

The Philippines has proposed a Zone of Peace, Freedom, Friendship,

and Cooperation (ZoPFFC) in order to resolve the conflict. The ZoPFFC
is composed of two measures. The first is to separate the portion of
the South China Sea that is under dispute from the portion that is not.
The second is for the countries making territorial claims to move
ahead with demilitarizing occupied islands and to construct a joint
commission for managing ocean and sea floor resources. While this

THE ASEAN RESPONSE

The Philippine government announced its intention to take China to

an international arbitration tribunal based on claims that China
violated the UN Convention on the Law of the Sea.

China, Taiwan, Vietnam, Malaysia, Brunei, and the Philippines have

competing territorial and jurisdictional claims to the South China Sea,
particularly over rights to exploit its potentially vast oil and gas
reserves.