The South China Sea is an area of great strategic importance for China, as part of its Belt and Road Initiative (BRI).China has long claimed a large area of the South China Sea, encompassing the Paracel Islands, Scarborough Shoal, and both the Spratly Islands and Macclesfield Bank. Despite China’s territorial claims being at odds with the majority of countries in the region, it is deeply embedded in the nation’s political and legal discourse and appears likely to remain a source of tension for some time to come.
In 2014, the Permanent Court of Arbitration awarded the Philippines a victory against China, ruling that its South China Sea claims were incompatible with the UN Convention on the Law of the Sea. This reinforced the already obvious conclusion: China’s claims to the entire South China Sea have flouted international law. In response, China has outlined the nine-dash line, asserting a broader claim to the entire South China Sea. It is this ill-defined boundary that has raised the ire of other countries in the region and has been the focus of the majority of Chinese-led activities in the area.
Although China is the primary claimant of the South China Sea, there are other countries in the region that have their own partial or full claims to the area, including Indonesia, Philippines, Vietnam and Taiwan – with disputes arising over what constitutes an overlap. With such complex boundary disputes, the potential for inflammatory rhetoric, armed conflict, and environmental damage is rife. It has been suggested that the only way to reach a peaceful resolution to the conflict is if all countries involved come to the table with a rational, evidence-based case.
Notably, China has established military infrastructures in the region, such as artificial islands, called Mischief and Subi. Such constructions are not necessarily provocations given their limited military activity in comparison to their supposed purpose – fishing and scientific research. Yet, given China’s history of engaging in a powerplay in the South China Sea, these installations have added a degree of controversy to the situation.
The economic implications of the conflict are considerable. The South China Sea has long been a major trading route where a large percentage of the world’s international trade passes through the Strait of Malacca and other points in the Sea. China’s territorial claims have been viewed as a move to control these shipping lanes and shut out other countries’ access to the area. This has not only affected trade but has resulted in increased geopolitical tensions between China and other states in the region.
The presence of oil and gas deposits in the South China Sea is also a factor contributing to the ongoing tensions. Although the exact extent of these deposits is unknown, it is clear that both China and other countries recognize the value of these resources, and that control over them is something that all parties are prepared to fight for. Issues such as overlapping territorial claims, the imposition of trade barriers and further environmental damage to the area, could result if an agreement regarding these resources cannot be reached.
Regional Support
China’s claims to the South China Sea have not been universally accepted, even by its own neighbours. Vietnam, in particular, has taken a firm stance against China’s efforts to increase its power and influence in the area, with both countries laying claims to the Paracel Islands. China, in turn, has accused Vietnam of illegal activities in the region, such as building islands near the Paracels. Such activities highlight the tensions between China and other countries in the region.
The United States (U.S.), in particular, has weighed in on the situation, arguing that such aggressive actions by China in the region should be checked, as they undermine international law and order. China, on the other hand, has responded by accusing the U.S. of provoking tensions and violating its sovereignty in the region. Such rhetoric not only heightens the level of tension in the South China Sea, but also reflects a lack of trust between China and the U.S.
In addition, the ASEAN bloc of countries has also publicly opposed Chinese aggression in the area and has lobbied for a peaceful resolution to the conflict. ASEAN countries have been adamant that a peaceful solution should be found that takes all countries’ competing claims into consideration. This has, however, not been an easy task, as these countries have different vested interests and strategic objectives in the region.
The presence of both regional and international players in the dispute has further complicated the situation. Regional countries, such as Vietnam and the Philippines, have attempted to de-escalate the situation and find a middle ground with China, whilst the U.S. and other major powers have attempted to foster dialogue and subvert China’s efforts to control the South China Sea. Such efforts, however, have yet to bear fruit.
Environmental Impact
The impact of China’s activities in the South China Sea on the environment has been considerable. Through its many projects in the region, China has altered the environment, resulting in degradation and a significant decrease in fish stocks. With its large-scale dredging of the area, Beijing has been accused of destroying coral reefs in the region, endangering species of fish, such as the already-endangered hammerhead sharks, as well as many other marine life.
To make matters worse, China’s territorial claim to the entirety of the South China Sea has resulted in its blocking of access to the area by other countries, resulting in decreased sustainability and environmental protection efforts. The actual extent of the environmental damage caused by China in the region remains to be seen, however, given its wide-reaching claims and its ability to disrupt other countries’ access to the area.
The US-China Conflict
The United States’ role in the South China Sea dispute has been a controversial one. U.S. President Donald Trump has criticised China’s “militarization” of the South China Sea and its activities in the region that have been viewed as provocative by other countries. The U.S. has, in turn, conducted numerous Freedom of Navigation Operations (FONOPs) in the South China Sea, where American naval vessels have sailed close to Chinese-claimed parts of the sea in order to challenge China’s assertiveness. Such moves have been met with fury from Beijing, which has accused the U.S. of deliberately escalating tensions and violating its sovereignty in the region.
Not surprisingly, these tensions have had a number of diplomatic, economic and security implications across the region. Given the U.S.’s long-standing presence in the South China Sea, most notably through its base in Guam, it has the ability to influence events in the region. As such, the Trump administration’s stance in the South China Sea is likely to have significant consequences for China in the near future.
Maritime Law
A key factor to consider when discussing the conflict is international law. Whilst there are numerous conflicts surrounding the South China Sea, international law contains a number of points that must be taken into account.
At the heart of the conflict lies the United Nations Convention on the Law of the Sea (UNCLOS), which outlines the rules governing maritime boundaries, resources, and navigation rights. This highlights the importance of UNCLOS in determining the rights and obligations of each country in the South China Sea. China’s claims to the entirety of the South China Sea, for example, directly contravenes UNCLOS and flouts the law with impunity.
In addition to UNCLOS, there are other international laws and practices, such as the UN Declaration on the Rights of Indigenous Peoples, the International Covenant on Civil and Political Rights, and the Montevideo Convention, that must be taken into consideration in order to ensure that all sides in the South China Sea conflict are treated in a fair and equitable manner. As such, it is important for all parties to observe these laws and ensure that their activities in the region are within the bounds of international law.
Conclusion
China’s claim to the South China Sea is a major source of contention in the region and has resulted in considerable tensions among all countries involved. Its claims have been disputed by the majority of countries in the region, as well as by the United States, and its activities in the area have resulted in serious environmental damage. The potential impact of a resolution of the conflict is considerable, both for the regional and international communities. It is therefore important that all parties reach an equitable solution that takes all nations’ interests into account.
