China and their claim to the South China Sea (SCS) have been a source of tension in the region for many years. The area is of immense importance for international trade and the energy reserves believed to be located under the sea. The debate has prompted China to take a proactive stance in the face of possible regional threats. They have sought to make their claim to the area, stating it to be under their sovereignty, something that many nations in the region have affirmed as an acceptable solution. But the reality of the situation is that the waters of the south China Sea are complex and its maritime boundaries are essentially disputed.
In recent years, China has been on the forefront of the challenge to claim these waters as its own. Their approach has been two-fold: to physically assert their territorial boundaries and to bolster their legal claim by introducing several International Law principles. The primary method by which China has sought to substantiate these claims has been through the guidance of the United Nations Convention on the Law of the Sea (UNCLOS).
Under UNCLOS, China presents their claim to the SCS by asserting various maritime features such as islands, rocks, and shoals to accrue six key nautical miles zones of rights and entitlements around each feature. China has been accused of violating international law in their attempt to control the SCS, particularly by building man-made islands for military use that contravenes the convention. In response, China’s top maritime official, Dr. Sun Guoxiang, has argued that the government is adhering to the terms of the convention, as it reserves the right to protect the essential interests of their nation.
China has also raised the potential of a joint effort to develop the SCS area with other coastal states. Although the issue still remains highly contentious and much of the SCS region remains in dispute, China’s request to cooperate on the issue has the potential to facilitate peaceful development in the area.
However, many other nations remain wary of China’s maritime ambitions. Countries such as The United States, Australia, and India have also asserted sovereignty claims in the SCS, and worry that China’s attempts to control the region could bring greater instability and conflict to the region.
So, the question remains: can China assert its claim to the SCS? Much will likely depend on both the legal arguments made and the realpolitik that exists in the region.
Opposition Towards China’s Claims
While China has been successful in establishing their claim over the SCS area in terms of maritime laws, several countries have openly opposed them. Several members of the ASEAN(Association of South East Asian Nations) have reacted strongly to the situation, describing it as a violation of their own national sovereignty and a considerable security threat. Such countries include the Philippines, Vietnam and Malaysia.
The Philippines has actively sought to counter China’s claims in the SCS, even going as far as to taking the fight to the chambers of the United Nations. They have also taken steps to halt China’s construction efforts in the area, while other countries in the region, such as Vietnam and Malaysia, have chosen to adopt a more moderate approach.
In addition to the other countries opposing China’s territorial claims in the SCS, The United States has also voiced its frustrations. Washington has spoken out against China’s increasing maritime militarization, asserting the importance of freedom of navigation in the area. The United States has also called upon China to abide by the terms of UNCLOS, a request which has so far gone unanswered.
As a result, questions arise as to what will be the best option to achieve a peaceful resolution of this maritime dispute. It appears that negotiations involving the all countries concerned will be the most effective approach to reach a consensus over the issue.
The Relevance of Maritime Sovereignty in International Politics
In today’s world, the struggle for maritime sovereignty is becoming increasingly relevant in international politics. China has stepped up its efforts in recent years in order to claim the SCS as its own, despite protests from other nations in the region. This has led to a direct conflict of interests, highlighting the necessity of redefining maritime boundaries and reinforcing maritime rights.
The reasons for this standoff lie in the fact that the SCS contains some of the world’s most important shipping lanes, and this in turn has made the issue an issue of global importance. The waters of the SCS are crucial for international shipping, as these access many of the world’s busiest ports, including Singapore, Hong Kong, and Manila.
In addition, the region is also thought to contain large amounts of oil and natural gas, which makes its control a strategic necessity. This has resulted in China ramping up its maritime presence in the region, a move which has met with criticism from other countries who claim the same rights.
The deepening of this maritime dispute highlights the need for mutual respect betweena countries when it comes to maritime sovereignty. However, as more countries compete for the same resources, this can be an increasingly difficult task.
Policies Aimed at Resolving Disputes
With this in mind, strategies have been developed in an attempt to try and defuse the situation in the SCS. Such strategies have included the idea of a ‘Code of Conduct’, a cooperative agreement designed to reduce misunderstandings and encourage dialogue. The idea behind this is that by engaging in open dialogue and setting out mutually-beneficial terms, the parties involved would be able to find a much-needed resolution to the dispute.
In this manner, the area could be developed as a forum for shared understanding and cooperation. This would not only be beneficial for the nations involved but also encourage growth in the region as a whole.
This is where initiatives such as the Maritime Silk Road come in. The Maritime Silk Road (MSR) is a policy initiative set forward by China, designed to stimulate economic growth and development in the SCS area. It is said to be a 21st century trade route that seeks to build greater connections and facilitate a more holistic approach to maritime cooperation.
Leaders of the ASEAN countries have welcomed China’s initiative and while the potential of the MSR is yet to be fully realized, it has proved to be an effective way to promote development in the region.
Implications of China’s Maritime Expansion
China’s rapid maritime expansion also has huge implications for attempting to resolve the SCS issue. This is due to the fact that it has caused an increase in tensions between China and other nations in the region.
It can be argued that the Chinese government has used this as evidence of the legitimacy of their claims, further asserting that their territorial rights must be protected. However, the other nations involved in this dispute remain unconvinced and are adamant that their own maritime rights must be respected.
For the moment, the prospects for a peaceful resolution of the SCS dispute appear bleak with both sides unwilling to compromise. Neither side is willing to back down from their stance and this is resulting in an intensifying of the conflict of interests in the area.
It is thus clear that a long-term solution to this problem needs to be found if any progress is to be made. As numerous nations vie for the same resources, the only way to move forward is to find a way to come to a mutual agreement that safeguards the interests of all parties.
Effects of Conflict on Spokespersons Involved
The conflict has also had a huge impact on the people involved in differing sides of the dispute. Most notably, spokespersons of various nations have had to adapt to the changing diplomatic climate. Representatives from countries such as the United States and China have had to update their policies to align with the most recent developments, meaning their message often have to be carefully crafted in order to maintain a stable and functioning system of international relations.
In doing so, it has become increasingly difficult to find a cohesive message that both sides would agree upon, due to the varying positions taken by the parties. As such, it is often the case that compromise proves to be the only way to bridge the divide.
In addition, organizations such as the ASEAN have played an important role in attempting to resolve the dispute. By providing a forum for discussion, the Association has managed to provide both Japan and China with the opportunity to cooperate and try to reach an acceptable middle ground.
However, the success of such initiatives remains to be seen, as the ASEAN’s attempts to mediate the conflict have often ended in failure, due to the differing positions of both sides. This has meant that, for the moment, a resolution to the dispute remains elusive.
Regional Agreements Aimed At Defusing Conflict
In light of the current situation, some countries have proposed the adoption of regional agreements to address the issue. Such agreements could provide a framework for the issues surrounding the SCS to be discussed in a safe manner.
For instance, China has recently proposed the adoption of the ‘Code for Unplanned Encounters at Sea’, a document which sets out rules of behaviour for vessels operating in the region. Such a motion has the potential to reduce the risk of conflict and could possibly lead to the lessening of tensions between the nations involved.
The adoption of a code would also provide a platform for negotiations between the SCS claimants, allowing them to come together to discuss and resolve the issues at hand in a manner that respects their respective interests.
More recently, the idea of a regional agreement has been further reinforced by US Secretary of State John Kerry, who affirmed the need for a regional order to ensure peace and prevent conflict between China and the other claimant nations.
At the same time, China has also suggested the notion of a ‘dual track’ approach to the issue, proposing to resolve the legal disputes through diplomatic means while also allowing cooperative development between all parties concerned.
Whilst these approaches are still very much in their infancy, they can potentially pave the way for a more positive resolution in the tenure of the South China Sea.
