Overview of the South China Sea Dispute
The South China Sea (SCS) is a body of water located to the east of mainland China, and is one of the most important strategic waterways in the world. It is estimated that the full value of the resources located in and around the South China Sea to be valued around USD $3 trillion in economic activity. The South China Sea has some of the world’s busiest shipping lanes, holding immense strategic and economic value. This, however, has made it the subject of a bitter dispute among various countries including China, the Philippines, Malaysia, Vietnam, Brunei, and Taiwan. These countries have staked their claim to the key areas of the South China Sea in general and the islands, reefs, and waters within it in particular.
China’s Claim
China lays claim to the majority of the South China Sea, including the Paracel Islands and the Spratly Islands. China became a superpower in the late 1970s, beginning modern-day developments of facilities in the Paracel, Spratly Islands, and other areas within the SCS. This development aroused a lot of people’s concern about China’s military ambition in the South China Sea, as China had started to build artificial islands on the reefs and occupy some of the islands and shoals in the area. In addition to that, in 2009, China passed a law that claimed its territory in the South China Sea, contentious as there is no definite evidence of China having any historical rights over the area before 2009.
Philippines’ Claim
The Philippines had first started claiming and settling in the South China Sea back in 1947. Their basis for legal claim is the United Nations Convention on the Law of the Sea (UNCLOS). This convention allows for claim to the islands located within a 200-mile Exclusive Economic Zone (EEZ). The Philippines claim includes the Scarborough Shoal, and about 300 other islands and rocks that can be found in the depths of the South China Sea. In 2016, The Court of Arbitration at The Hague announced its ruling in favor of the Philippines’ claim of having exclusive rights to the EEZ, which continues to be a bone of contention.
Vietnam’s Claim
Vietnam’s claim to the South China Sea includes the Islands, reefs and waters within the body of water. It is one of the key pillars of Vietnamese foreign policy and was first established back in 1974 when Vietnam declared its 200 nautical mile EEZ in the Sea. Vietnam has made it clear that they are willing to defend their claim and have an ongoing dispute with China in the South China Sea. Vietnam has taken a different approach than the Philippines and initiated a dialogue regarding the dispute with Beijing.
Malaysia’s Claim
Malaysia claims a portion of the South China Sea that is adjacent to its maritime borders, which includes the exclusive seabed of the South China Sea. Malaysia’s approach is to explore possible areas of cooperative resource exploration with countries from the region. It has proposed utilizing its huge potential in mineral resources and bioprospecting as well as a number of other plans for joint ventures as an effort to reduce tensions in the SCS.
Brunei’s Claim
Brunei claims an exclusive economic zone in the South China Sea that corresponds to their maritime borders. Brunei has tried to use the UNCLOS conventions to establish its claim over reefs, shoals, and other features in the region. However, its claims have been overshadowed due to the ongoing disputes over the region between other countries.
Taiwan’s Claim
Taiwan also claims a portion of the South China Sea, and was one of the first states to base their claim using the UNCLOS agreements. It has used the treaties to draw its maritime borders, which includes the islands within the SCS. Taiwan also has built up its military presence in the region in order to bolster its claim and ensure its maritime security is preserved.
Environmental Impacts
The ongoing dispute in the South China Sea has had a number of impacts on the environment in the region. The over exploitation of the region’s resources has led to a lack of sustainable marine life, and the build up of military infrastructure in the area has caused extensive damage to the coral reefs. In addition to that, the shipping channels in the area have become congested with vessels carrying goods to and from the different countries involved in the dispute, leading to air and water pollution.
International Reaction
The international community has expressed its concern over the dispute in the South China Sea. The United States has been a strong advocate for freedom of navigation in the region and has called for a peaceful resolution to the dispute. Other countries, such as Indonesia and Singapore, have also called for a peaceful resolution and have suggested that the countries involved in the dispute should work together in order to ensure the safety and security of the region.
ASEAN Initiative
The Association of Southeast Asian Nations (ASEAN) has been a key mediator in the dispute over the South China Sea. In 2002, the ASEAN signed the Declaration on the Conduct of Parties in the South China Sea with China, which outlines a code of behavior and a commitment to cooperate in resolving the dispute. However, despite their best efforts, the ASEAN has been unsuccessful in getting all parties to reach a mutually acceptable and legally binding resolution.
Conclusion of the Dispute
The South China Sea dispute has been ongoing for decades and there is still no end in sight. The situation is further complicated by the different interpretations of the UNCLOS agreement by the countries involved in the dispute. While there have been recent efforts by the international community to bring about a peaceful and sustainable resolution to the dispute, it is unlikely that it will be resolved anytime soon. The dispute will continue to be a source of tension in the region, and in the international arena, for the foreseeable future.
Social Impacts of the Dispute
The South China Sea dispute has also had an effect on the people living in the region. The people living in coastal areas have seen their livelihoods affected by the dispute as they have been denied access to the resources in the South China Sea due to the ongoing conflict between the different countries involved. Furthermore, the people living in the area have experienced the effects of militarization in the form of restrictions on movement and access to certain areas of the sea, leading to further economic hardship.
Legal Aspects
The dispute over the South China Sea has legal implications on both a regional and international level. First, the dispute is a clear violation of the United Nations Convention on the Law of the Sea (UNCLOS), as all countries involved in the dispute are signatories to this agreement. Second, the UN has called on all countries involved to refrain from any activity that could increase tensions in the region, such as military activities or the construction of artificial islands. Third, the International Court of Justice (ICJ) is currently considering the legal validity of the claims by the different countries involved in the dispute.
Effect of the Dispute on Trade
The South China Sea dispute has had a major impact on trade in the region. The dispute has led to a decrease in trade between countries in the region, as trading vessels have been denied access to certain areas of the South China Sea due to the ongoing conflict. In addition to that, the militarization of the region has caused disruption in the shipping lanes, leading to further economic hardship. Furthermore, the ongoing dispute has led to increased tensions and distrust between the different countries involved, adding an additional layer of difficulty to any potential future negotiations.
Implications of the Dispute on International Relations
The South China Sea dispute has implications on the international relations between the countries involved in the dispute. The tensions between the countries involved have been exacerbated by the militarization of the region, leading to further distrust among the different countries. This has led to a decrease in diplomatic ties between the countries involved, making any negotiations more difficult. Furthermore, the dispute has caused increased tensions between the United States and China, which could potentially have a ripple effect on other countries around the world.
