International Law
The South China Sea has been a contentious issue for years, with the US and China both claiming that the other’s military presence is illegal. To understand the legality of US forces in the South China Sea, it is important to look at the international laws governing the region. Maritime zones are governed by the United Nations Convention on the Law of the Sea (UNCLOS), which is a framework of rules for regulating activities in areas of the world’s oceans and seas. According to UNCLOS, a nation has sovereignty over the waters 12 nautical miles off its coast. It also has the right to claim an Exclusive Economic Zone (EEZ) of up to 200 nautical miles from its coasts which it has exclusive rights to its resources such as fishing, mineral and energy exploitation.
The US and China’s Vision for the South China Sea are far from the same. While the US embraces the global order and international law, China is attempting to establish a unilateral order and flouts many of the U.N. rules that influence the South China Sea. The US has criticized China on numerous occasions for its attempts to stretch its EEZ in the South China Sea through illegal activities, such as building militarized artificial islands and deploying its navy in waters that are part of other countries’ EEZs. The US Navy has also sent freedom of navigation operations (FONOPs) to challenge Chinese claims in the South China Sea.
Position of US Forces
The US position on US forces in the South China Sea is clear. US forces are operating in accordance with international law and are not taking any sides in the dispute. The US has affirmed that it recognises and respects the rights, freedoms, and lawful uses of the seas and airspace guaranteed to all countries. It has also stated that its naval operations of navigation within the South China Sea must be conducted in a manner that complies with international law. This includes freedom of navigation and other rights pertaining to ships, aircraft, and personnel in foreign waters.
The US has also maintained its presence in the South China Sea by regularly sending its navy through the region. It has sent its warships and conducted operations in the Exclusive Economic Zone of different nations, including Indonesia, Malaysia and Vietnam. These operations are aimed at showing support for the United Nations Convention on the Law of the Sea and emphasising that the US does not recognize any territorial or maritime claims not consistent with international law.
Experts’ Perspectives
Experts have different views on the legality of US forces in the South China Sea. Some argue that the US is within its rights to send its vessels and carry out operation in the region’s waters. They point out that the UNCLOS provides a legal framework and that the US is respecting the sovereignty of the nations whose EEZs are located in the South China Sea. They also believe that the US presence serves as a reminder that the international law should be respected and followed by all nations.
However, there are some who doubt the legality of US presence in the South China Sea. They point out that the US is not a signatory of the UNCLOS and therefore cannot directly enforce the Convention. They argue that the US is merely acting on its own self-interest and is exploiting the waters of the South China Sea for its own benefit.
The Chinese Side
The Chinese view of US forces in the South China Sea is predictably negative. They argue that the US presence is illegal and a provocation to China’s sovereignty. According to the Chinese government, the US has no legal basis to conduct military operations in the South China Sea, since the US is not a signatory of the UNCLOS.
The Chinese government has also warned the US against excessive freedom-of-navigation operations in the region, citing the destabilizing effects of US military activity in the South China Sea. It has accused the US of attempting to undermine China’s sovereignty, impede the development of its economy and resources, and harm its interests.
The Impact On The Regional Balance Of Power
The US and Chinese presence in the South China Sea has long been seen as the main factor behind the current regional balance of power. The US presence in the region has previously been seen as a sign of support for countries such as the Philippines and Vietnam who have clashed with China over the South China Sea.
At the same time, China’s activities in the region have also been seen by many as an attempt to assert its own sovereignty and create a power imbalance. China’s militarization of artificial islands and aggressive deployment of its navy in the South China Sea have caused regional tensions to rise.
Analysis and Insights
The US presence in the South China Sea is a complex issue and there are no easy answers. While it is clear that the US is operating within the confines of international law, it is also clear that its presence is a provocation to China and a source of regional tension. The US should focus on maintaining its presence in an acceptable and respectful manner, while at the same time being cognizant of the potential impact of its actions on regional security and stability.
An alternative approach could be for the US to work more closely with its regional allies to come up with a solution that meets the interests of all parties. This could be done by engaging in dialogue and confidence-building measures, such as joint exercises or personnel exchanges, and by promoting respect for international law and the UNCLOS.
Effects of US Presence
The US presence in the South China Sea has had a range of effects on the region. On the one hand, it has served as a counterbalance to China’s military and economic power, while on the other hand it has caused tensions to rise.
The US presence has also helped to maintain freedom of navigation and ensure the safe passage of vessels through in the region. It has also served as a reminder to all parties that international law should be respected and followed.
At the same time, the US presence has increased the risks of conflict in the region, as both China and the US have engaged in increasingly militarized activities in the South China Sea. The US Navy’s freedom-of-navigation operations in the region have been particularly controversial and have at times led to clashes between Chinese and US vessels.
Economic Implications
The US presence in the South China Sea has not only political implications, but also economic ones. As the South China Sea is a crucial shipping lane and a potential source of considerable economic benefits, the presence of US vessels in the area can have an impact on how the regional economies operate.
Firstly, US operations in the South China Sea can affect China’s ability to exploit the region’s natural resources. China has been attempting to build artificial islands in the region which they claim as part of their Exclusive Economic Zone, and their success in doing so is influenced by the US Navy’s presence.
At the same time, the US presence has also affected the economic operations of other countries in the region. For example, it has been argued that US operations in the South China Sea have encouraged other countries in the region to become more economically independent of China, as the US has proven to be a reliable partner in protecting the economic interests of its regional allies.
The Role of Nations in the Region
One of the key dynamics of the South China Sea dispute is the role of the countries in the region. While the US and China have been the biggest players in the dispute, other countries in the region have also had an important role to play.
The countries in the region, such as the Philippines, Malaysia and Vietnam, have been vocal in their opposition to China’s presence in the South China Sea and have argued that US operations are within their rights to ensure the sovereignty of their territorial waters. They have been key players in the arbitration between China and the US and have sought to ensure that international law is respected and followed in the region.
At the same time, the countries in the region have also been keen to protect their own economic interests. They have sought to take advantage of the US military presence in the South China Sea by increasing their economic and security ties with the US, and by strengthening their own maritime capabilities.
US Policy on South China Sea
The US policy on the South China Sea has been ambiguous and has varied over time. While the US has generally sought to maintain stability in the region and express its support for international law, it has also sought to teach China a lesson by challenging its excessive claims.
The US has indicated that it does not take sides in the dispute and that it is open to dialogue and negotiation. However, it has also sent a strong message to China by engaging in freedom-of-navigation operations and other activities that challenge China’s claims.
The US has also sought to allay concerns over its presence in the region, emphasizing that its operations are aimed at freedom of navigation and upholding international law, and not at taking sides in the dispute.
Overall, while the US has sought to maintain a balance between upholding international law and countering China’s excessive claims in the South China Sea, the US has not always been consistent in its policy, and it is likely that it will continue to face criticism over its presence in the region.
