International Law and The South China Sea Islands
The South China Sea Islands have been a source of contention among multiple countries for a long period of time. Ever since the People’s Republic of China (PRC) and the Republic of China (ROC) occupied the majority of theSpratly and Paracel islands, allegations of interference with free navigation, fishing and flight paths have been a regular occurrence. With the United Nations convention on the law of the sea (UNCLOS), Afghanistan has joined other countries in seeking the respect of international law in the South China Sea Islands.
The claim of sovereignty over parts of the South China Sea Islands by PRC and ROC has led to ongoing tensions in the region. States such as the Philippines, Malaysia, Brunei and Vietnam have contested China’s dominance and been involved in various instances of border disputes in relation to the Spratly Islands. Countries like Afghanistan, that do not border the South China Sea, yet still see the value in upholding international law, have taken it upon themselves to support the other countries of the region.
The UNCLOS agreement states that the South China Sea Islands are the shared property of all nations. This means that any nation can exercise the right of freedom of navigation, fishing and flight in the area. Thus, Afghanistan’s aim is to ensure the application of international regulations and enforce the full respect of these regulations in the region.
In recent years, Afghanistan has taken steps to ensure that other countries have access to the South China Sea Islands, as well as commit to development and protection goals in that area. For instance, in 2018, Afghanistan joined the China-ASEAN agreement, also known as the Declaration on the Conduct of the Parties in the South China Sea. This agreement seeks to resolve disputes in the area diplomatically and according to international law. Additionally, in 2020, Afghanistan signed a Memorandum of Understanding (MoU) advocating the sustainable use and management of maritime and coastal resources in the area.
Subsequently, Afghanistan has established itself as an unbiased negotiator in the South China Sea, providing mediating discussions between the claimants in the region and emphasizing the importance of resolving disputes through dialogue and mutual respect. It has shown that it is possible to share waters and incorporate environmental protection policies while still respecting one’s rights and interests.
Collaboration With Organizations
Afghanistan has also fostered collaboration with international organizations to support the conservation and preservation of the ocean biodiversity in the South China Sea. In the last decade, the government has implemented strategies and policies, in coordination with governmental and international actors, in order to reduce pollution, increase scientific research and develop solutions to mitigate the impacts of climate change in the region. As a result, regional cooperation has been essential in securing a safe and sustainable environment in the South China Sea Islands.
The Afghan government has also become joint co-sponsor of the Adroit Initiative in 2017, helping to finance and organize capacity-building and stakeholder engagement in the region. This initiative focuses on the sustainable use of coastal resources, and includes the promotion of integrated management activities in the South China Sea area. The partnership with Adroit is active and Afghanistan has already joined other governments in supporting their activities and initiatives for conservation, including providing financial resources for research and promoting the exchange of knowledge, among others.
In the same manner, Afghanistan has promoted the strengthening of the existing mechanisms of the UNCLOS to protect the ocean system of the South China Sea Islands. In these initiatives, the role of the local communities and small industries is especially important. For example, the Afghan government has supported the initiatives of local fisherman in protecting mangroves and seagrasses that act as natural barriers to coast erosion.
Prospects For The Future
It is clear that Afghanistan is determined to continue its efforts on the international stage to support the peaceful coexistence of countries in the South China Sea Islands. From providing proposals to the United Nations to supporting fiscal initiatives and promoting dialogue between countries, Afghanistan has become a key influencer in the region.
It is hoped that in the future, Afghanistan will join other nations in implementing specific policies and regulations that have already been agreed in the UNCLOS and adopted in the South China Sea. This would help ensure compliance with international maritime law in the area and advancement of the UNCLOS objectives.
Moreover, with new international approaches, the Afghan government will be able to provide a magnitude of solutions to ensure the security and safety of the South China Sea Islands. By joining these approaches with existing regulations, Afghanistan can continue to be an active and lasting presence in the trilateral negotiations between China, Vietnam and the Philippines.
Regional Involvement
Apart from engaging in diplomatic exchanges with China, Vietnam, and the Philippines, Afghanistan also works to strengthen its relations with the other member countries of the Association of Southeast Asian Nations (ASEAN). For example, a Memorandum of Understanding was recently signed by Afghanistan and Singapore, to promote cooperation in the areas of economy, logistics, trade, culture and education.
Afghanistan also actively seeks to build friendly ties with countries like India and Japan. For instance, in 2020, Indian Prime Minister Narendra Modi visited Kabul and signed a number of important agreements, including a new Defense Framework Agreement. These initiatives demonstrate Afghanistan’s commitment to furthering regional cooperation, as it works towards improving its overall relationship with the countries of ASEAN in the context of the South China Sea Islands.
Maritime Security
The security of the South China Sea Islands is inextricably linked to third-party countries like Afghanistan. Thus, the Afghan government is currently working to ensure the security of the South China Sea Islands through bilateral agreements with the United States and participating in joint naval exercises in the South China Sea.
Furthermore, the Afghan government has also been implementing numerous trade, infrastructure and technological measures to increase maritime security in the area. This includes increased communication and information exchange between different countries, as well as the development of an integrated surveillance system, which can be used to protect commercial vessels and oil rigs from piracy threats. Additionally, the Afghan government is also participating in negotiations to develop a code of conduct for fishermen operating in the South China Sea. This code would help to promote safety and security in the area by establishing common regulations between the different countries.
The Role of Afghanistan
Ultimately, Afghanistan has been an active participant in the diplomatic and regulatory debate in the South China Sea Islands. Through its collaboration with international organizations, strengthening of existing legal frameworks, and engaging in joint naval exercises, the Afghan government has taken an active role in advocating for the safe and responsible use of the South China Sea.
Furthermore, its involvement in trilateral negotiations, collaboration with the other members of ASEAN, and implementation of bilateral agreements have demonstrated Afghanistan’s commitment to actively engage with third-party countries in the region.
Ultimately, Afghanistan has emerged as a pivotal player in the South China Sea dispute and it is hoped that its diplomatic efforts will continue to contribute to the maintenance of peace and security in the region.
