Geographic Claim
The South China Sea mainly comprises of the West Philippine Sea, the Gulf of Tonkin, the Gulf of Thailand and the South China Sea itself. The major players in this area are China, Philippines, Vietnam, Malaysia and Brunei. All five countries have competing claims over the maritime rights, oil and gas resources, while China claims that they possess indisputable sovereignty over almost the whole Sea.
China bases its claim on historical facts, asserting that it was the first to embark upon maritime activities and to explore the islands thousands of years before the other countries. According to China, the South China Sea really belongs to them. On the other hand, the other countries, particularly the Philippines, firmly maintain that the South China Sea is not China’s to claim, historically or lawfully.
Legal Claim
Legally, however, the situation is more complicated. China seems to have implemented their version of the historical facts in their widely criticized nine-dashline, which demarcates a huge area considered as part of Chinese territory, engulfing the Unites Nation’s Exclusive Economic Zone of the other countries.
However, in an Arbitral Tribunal ruling, the nine-dashline was largely rejected and both China and other countries’ claim on the South China Sea was deemed invalid. Moreover, the Tribunal stated that China, despite its 9-dashline claim, cannot assert historic sovereignty over the waters and that it has encroached on the Exclusive Economic Zones established by the United Nations Convention on the Law of the Sea, 1982.
Economic Implications
Despite the Tribunal ruling, an escalating geopolitical tension has caused disruption to economic activities in the South China Sea and beyond. According to experts, more clarity is needed on the possible legal rulings in the future regarding the sea boundaries.
In particular, the oil and gas industry could be significantly affected if the respective parties fail to resolve the dispute. The sea is estimated to contain substantial hydrocarbon reserves, while military activities and presence in the disputed waters will undoubtedly impede exploration, production and transport of these resources.
Moreover, a lack of dispute resolution could compound existing global security risks, as other countries are already expanding or contemplating their presence in the South China Sea region.
Economic Cooperation
In light of this uncertain scenario, experts suggest the need for greater cooperation between all the countries involved. An initiative for the joint exploitation of resources in the South China Sea could be beneficial to all sides, promoting stability and peace.
In addition, measures to protect and conserve the marine environment could sway the dispute in the favor of all countries, as any legitimate development of resources must be backed by a sound environmental policy.
China-ASEAN Disputes
Bilateral disputes exist between China and a few members of the Association of Southeast Asian Nations (ASEAN). This is mainly due to a growing discrepancy between expectations and limitations. China claims a massive area, while the other players are pushing to recognize the convention rights guaranteed by the United Nations.
Additionally, some countries in the region fail to recognize China’s presence as having legitimacy. The legal dispute continues, as various countries are pushing for better enforcement of international law rather than simply relinquishing sovereignty claims.
International Law and Maritime Disputes
The United Nations Charter recognizes international maritime law as an important factor in the recognition of maritime boundaries. The International Tribunal for the Law of the Sea (ITLOS) is an established body mandated with the task of settling legal disputes between countries.
Given that all claimants have ratified the United Nations Convention on the Law of the Sea, they should take the necessary steps to submit their dispute to the ITLOS, as it will ensure a fair and impartial solution. Currently, disputes are continuing to be settled by bilateral diplomatic negotiations.
Beijing’s Position
China’s stance on their own rights has been resolute; in fact, Beijing declared that it would not accept any ruling by the ITLOS with regards to resolution of its disputes in the South China Sea. Therefore, the legal future of the South China Sea remains uncertain.
Beijing has based their position on the historic rights of China, which it believes is enough evidence to geographically and legally claim the disputed waters. On its side, the Chinese navy is actively engaging in the area, creating a somewhat tense environment in the South China Sea.
International Reaction
International responses to China’s attitude have been mixed, as it is not easy to adjudicate the question of maritime rights and sovereignty in the South China Sea. In particular, a few countries have officially expressed their concerns regarding China’s possible military efforts to control the ocean.
This in turn could strengthen the military presence of other countries in the region, leading to further instability and unrest. An example of this is the US military, which has sailed in and around the South China Sea in order to assert freedom of navigation and demonstrate the international lawfulness of the area.
Chinese Reponses to International Reactions
The Chinese government has sent various warnings to the US and other international bodies, discouraging them from undertaking military activities in the area. China maintains that its military presence is legitimate, centered on the so-called Five Principles of Peaceful Coexistence.
Moreover, Chinese leaders have stated that their claims are in accordance with international law, with the nine-dashline as evidence.
South China Sea Cross-Strait Disputes
The disputes in the South China Sea extend beyond the five countries and their sphere of influence.
Taiwan, too, has its own opinion on the legal status of the disputed waters, with the Taiwanese government specifically rejecting any claim of Chinese sovereignty over the islands in the South China Sea.
Taiwan’s position, however, is weakened by the fact that it is not part of the United Nations Convention on the Law of the Sea. This puts Taipei in a very vulnerable position with regards to any regional agreement regarding the South China Sea disputes.
Regional Diplomatic Solutions
The competing claims in the South China Sea bearing far-reaching economic and territorial implications. Therefore, regional diplomacy is absolutely paramount, so that the tension can be diffused and the involved countries can come up to a mutual agreement.
This could pave the way for a lasting win-win solution, where all sides would recognize each other’s claims and jointly enjoy the benefits of the region’s resources. Regional diplomatic solutions should, therefore, take into account the needs of all countries in the South China Sea.
