The South China Sea, consisting of various and contentious islands, rocks and reefs with disputed ownership, has become one of the biggest hotspots in the region. Long standing disagreements and territorial claims have continued to simmer between China and several of her maritime neighbours, with no resolution in sight. To determine who rights to the South China Sea belong to to and who can take control of the region, it is why necessary to examine the relevant details and perspectives within the context of international law.
In theory, the ownership of the South China Sea would be determined by the United Nations Convention on the Law of the Sea (UNCLOS) and the Permanent Court of Arbitration (PCA) Rules. Therefore, international law provides a clear mechanism for resolving all disputes related to the sea’s ownership, positioning and control. This can be seen with the various claims, counter-claims, actions, decisions and differences in approach being aired by China, the Philippines, Vietnam and other countries in the region.
However, a more comprehensive analysis of the situation needs to be undertaken to understand not only the legal ramifications and implications but also the various geopolitical and historic implications. Firstly, it must be noted that much of the area surrounding the South China Sea has been claimed by China for centuries and this has been consistently upheld and reinforced by the Chinese government.
Secondly, China’s position and claims have been bolstered by the fact that the islands, rocks and reefs of the South China Sea no longer have any indigenous Chinese presence and are now home to a high number of foreign nationals, such as Chinese, Vietnamese and Filipino people. At the same time, no other country in the region has any claim to the South China Sea beyond that of an exclusive economic zone.
Moreover, the the legal basis of the issues at hand has been especially contentious due to the challenge of Territorial disputes and the various Regime of Islands which regulates the resources of the particular area. This has become further complicated by the international character of the sea and the various legal instruments which are used in the different contexts.
Expert analysis from various legal experts in the region suggest that even if China can produce compelling documentation of her claims going centuries back, she will face an uphill legal battle in any arbitration proceedings due to the emergence of recently recognised laws such as the United Nations Convention on the Law of the Sea (UNCLOS).
In light of this, the implications for international law are clear -by granting China control over the South China Sea, the law requires that all interested parties be equally represented and given the chance to articulate their own claims. Furthermore, while UNCLOS provides a mechanism to settle any disputes, it is essential that any resolution to the South China Sea issue is reached through a mutually accepted compromise with no side claiming exclusive control.
Actual Legal Rights
The legal jurisdiction and disputes related to the South China Sea are regulated by the United Nations Convention on the Law of the Sea (UNCLOS) and the Permanent Court of Arbitration (PCA) Rules. It is important to note how the UNCLOS expressly acknowledges the existence of actual legal rights for each nation states. This means that a state’s sovereign rights over the natural resources and exploration of the ocean can be determined based on the respective state’s territorial sovereignty.
The exact nature of the rights conferred by UNCLOS are different for the various areas surrounding the South China Sea. For example, China has rights over maritime areas off its coast and territorial sea, however has more limited rights to continental shelves and exclusive economic zones. Other countries in the region such as Malaysia, Brunei and the Philippines have similar rights over their respective territorial sea and exclusive economic zones.
Furthermore, UNCLOS explicitly prohibits the claims of exclusive sovereignty or control by any one nation over the entirety of the South China Sea. Due to this, it would appear that no single nation can simply take control of the entire sea without the inclusion of all the other interested nations’ rights in the area.
However, China insists that the South China Sea is her “inherent territory”, regardless of the international recognition of her actual rights in the region. Therefore, she is adamant that international law should not interfere in the resolution of the disputes.
Regional Balancing Act
Another important factor to consider when looking at the South China Sea disputes is the regional strategic environment. The region is rich in resources and has become an important contender for regional power and hegemonic influence. This has led to many countries, in particular China, vying for increased influence in the region. Furthermore, the situation has been further fuelled by the US’s increased military presence, fuelling the issues within the region.
Therefore, the disputes in the South China Sea could be seen as a classic example of regional balancing act between countries vying for regional hegemony and national security. All the countries involved in the dispute are attempting to strengthen their power, despite the risks and implications for international law. This is further compounded by China’s reluctance to abide by international laws as it suits her best. As a result, the South China Sea has become shrouded in a sense of uncertainty and apprehension by all countries involved.
Moreover, the disputes in the South China Sea have become increasingly entangled in the cold war between US and China, particularly in the realm of technology and surveillance. Due to this, the US has attempted to use its presence as a counterweight to China’s increasing influence in the region, forcing and winding the dispute even further. As a result, the South China Sea has become a pivotal chessboard in the US-China standoff, with no clear resolution in sight.
Besides the US, other countries have also become increasingly involved in the current balancing act. For example, Russia has also become involved due to its desire to gain influence in the region, as well as its expansive military presence. Meanwhile, Vietnam has also become a powerful player in the dispute due to its close ties with China, as well as its strong economic presence in the region.
Geopolitical Reality
In addition to the legal aspects and regional balancing act, it is also necessary to look at the geopolitical reality of the South China Sea. This can be seen in the various territorial and resource management policies implemented by China, as well as the various actions and statements made by its government. For example, China has laid claim to the South China Sea and its resources, as well as reinforced its position on the disputed islands and territory of the region.
Furthermore, China has also adopted a tough stance towards its maritime neighbours, with harsh rhetoric and a hard-line response towards any opposition or challenge to its claims. This has included the imposition of various fishing socialise, communication and navigation systems in the South China Sea. This has been widely regarded as a way for China to reaffirm its claims to the region.
As such, China’s actions in the South China Sea could be seen as a way for the country to assert its power and regional influence, in addition to its desire to protect its own resources and interests. This has been seen as the main driving force behind China’s insistence on its sovereignty over the entire South China Sea, despite its international obligations and recognition of the rights of other countries.
At the same time, the other countries of the region have also attempted to both protect their own interests and challenge Chinese dominance in the region. This has included Vietnam’s and the Philippines’ vocal opposition to China’s activities, alongside their attempts to strengthen ties and diplomatic relations with the US and other countries.
Economic Factors
Finally, it is important to look at the economic factors of the South China Sea. This includes the various resources and economic activities around the region. Aside from the obvious oil, gas and fish produced in the region, the South China Sea is also home to a highly lucrative tourism and fisheries industry. This is alongside China’s plans to build various ports, railways and other infrastructure in the area, as part of its “one belt one road” project.
In addition to this, China’s access to the South China Sea is also seen as a key factor in its increasing economic influence in the region. This involves the use of the region as a shipping lane and transit hub, which could have a significant impact on the region’s economy. This has been seen with the increasing presence of Chinese vessels transiting through the area and engaging in other economic activities.
At the same time, the other countries in the region have also begun to make their presence felt, as they attempt to increase their influence and further their economic interests in the area. This has included Vietnam’s and the Philippines’ attempts to increase their own presence in the region, backed by various foreign investments and economic activities.
Conclusion
In conclusion, the South China Sea has become a hotly disputed region with claims, counter-claims, legal arguments and regional balancing acts. To determine who has the right to the sea requires an in-depth examination of the international law, regional environment, geopolitical reality and the economic factors associated with the area. It is clear that there cannot be any resolution to the dispute while all parties involved remain equally represented and all sides seeking to establish their dominance over the sea.
