The South China Sea has become a hot-topic in current international relations. Increasing military tension, contested marine resources and territorial claims, notable by China, has sparked uproar for countries in the region, namely Vietnam, the Philippines, Brunei and Malaysia, within the past decade. But what is the source of all this commotion?
This extensive body of water has been dubbed by some as the ‘Second Persian Gulf’ due to the immense strategic and economic significance it holds, given the high-volume of international shipping and the presence of unexploited oil and gas reserves. Reports show that only eight percent of the resources available have been used thus far. This has led China to experiencing a dramatic increase in influence over the region and its waters resulting in many countries in the South East Asian vicinity all vowing to peacefully disagreeing about who rightfully has authority over what, largely due to the contested sovereignty islands located within the sea. The prolonged, heated dispute has prompted international actors’ voices to be heard.
To the dismay of many governments in the region, China has been continuously propagating their regional superiority. Just one year ago in 2019, the PRC submitted a legal brief to the Hague in order to possess the majority of the South China Sea, claiming nearly all of it exists in the Nine Dash Line. Following suit, China created a compound of man-made islands and infrastructures that have been equipped with military forces and has exhibited a pretentious attitude through incidents such as an oil rig invasions in Vietnam and live-fire military exercises. As a consequence, other countries have fired back by sending submarines and surveillance vessels to the area in order to demonstrate their presence and stance; this further heightening the jingoism between the states.
Senior politics lecturer at the University of Essex, Sir John Lubbock stated “It’s a very sensitive matter over in Asia, particularly between the two global powers, China and the U.S., and the regional states. As an impartial party, the possibilities are endless. Anything is up for grabs and it’s only a matter of number of decades before a resolution is put into place.” Many experts suggest that a consensus must be made in diplomatically and economically beneficial for the involved countries, as certain international organisations have put forward but to this day, no solution has been confirmed or agreed upon by those in question.
As a result, conflicts of navigation, freedom of the seas, territorial disputes, and environmental issues have inevitably risen. According to the Permanent Court of Arbitration, several Chinese activities in the South China Sea, including land reclamation and interference with fishing and hydrocarbon activities, have violated the sovereignty of other countries as well as the 2016 UNCLOS. Naturally, the countries affected have denounced China’s actions and sought remedial measures, however no changes have been made yet since Beijing refuses to cooperate.
For this reason, some have urged the UN to step in, considering the potential implications of an unresolved conflict have is bringing close to the surface. Even so, there have been suggestions that regional powers, such as the ASEAN nations should try to respond, lead and resolve the problems from a regional standpoint. Nevertheless, a joint or multilateral action has also not been put into effect as of yet which allows China to continue its growing ambitions.
Oil and Energy Disputes
Particularly in light of the recent oil drilling that was been conducted by China’s Haiyang Dizhi 8 vessel in waters close to Malaysian drilling site leading to a broadened tension between both countries, a huge controversy has been formed. Various demonstrations of solidarity and non-recognition of the Chinese flagship have been made by the Malaysian government, even though Chinese vessels have persisted to remain in the area as a visible demonstration of their recalcitrance.
This incident has become a focus point for the larger issue of marine resource and oil exploration, in which cases many countries state their exclusive economic rights and altogether have left China in the grey area of international law. Malaysia is only one of the countries in the region that oppose China’s claim to the South China Sea due to their own fishing that has been dedicated to the coastal state, making it longer for a possible resolution to be made and for China to gain access to its required resources.
At present, the international community has warned states around the world not to get involved in activities that will escalate the already existing tension in the South China Sea or else financial and economic ramifications may be the aftermath. Thus, any exploitation of resources and resources will have to abide by regional or international laws to avoid any greater confrontations and the energy disputes that arise from it.
Regional organisations such as the ASEAN and even the United Nations have been continually and repeatedly working with the different countries to keep in check the balance of power as much and as best as they can, as well as hoping to reduce the disputes coming with it addressed. In some cases, they have provided legal advice and have organised events in which the participants could have conversations and debates regarding the situation in the South China Sea.
International Stance
The United States pursue leadership as the primary power in the world and consequently has often butted heads with China in many aspects. Both countries fight for military hegemony in the region and for economic control, leading the US to be involved more and more in the proceedings of the South China Sea by manufacturing a show of strength and employing varied vessels and US Navy personnel to demonstrate their protective and defensive stance.
In conjunction with this, the US have in turn presented the idea of a Free and Open Indo-Pacific (FOIP), whose objective is to work on ensuring a strong and capable business environment in the area. This, as a result, enables US firms to safely and openly navigate in the South China Sea and to keep out any influences that may damage business partnerships and strategic diversification. US experts consider this to be an act of power to prevent the PRC from potentially attempting to increase their economic influence.
Often, Washington has strongly talked against China’s Nine-Dash Line straight platform, urging the members of the UN to not back or support it at all. The main idea here is that the South China Sea does not correspond to the PRC’s jurisdiction, others emphasize the international law which according to the United Nations Conventions on the Law of the Sea allows countries like Vietnam and the Philippines to have extensive bordering waters.
In the same way, we have seen the US team up with Taiwan with the objective of preventing any Chinese offensive commands towards their recognised ally. This, in return, ensures Taiwan’s access to resources, freedoms and the right to self-govern, thus building hurdles for the Chinese actions.
Soft and Hard Diplomacy
Considering these disputes, it is only natural that a common goal of diplomacy must be pursued. Despite China’s rigid diplomatic attitude, many countries have invoked peaceful settlements as the ultimate solution to the conflict. As a matter of fact, even China have recognized the UN Charter as their source of guidance for the operations in the South China Sea. Therefore, it is paramount that the different nations involved negotiate a common solution in order for lasting peace and compliance with international law.
Likewise, ASEAN nations such as the Philippines, Vietnam, Brunei and Malaysia, have been active in advancing their dissents with the PRC without resorting to military action. This can be noticed with the Code of Conduct (COC) proposed by the US first, and then by ASEAN, which aims to ensure mutual respect and collaboration in Asian waters. Even though the Chinese government delayed when signing the document for almost a decade, it is now a reality and it has been increasingly accepted by the different nations, adding a degree of optimism for an eventual resolution.
Nevertheless, expecting China to cooperate with other nations involved in the matter is not as easy as it may seem. Being greatly inclined to uphold sovereignty and a great power, its personnel remain reluctant due to the government’s lack of trust. Consequently, soft diplomacy has been employed in order for the countries to find a mutual agreement. This is done through friendly conversations and discussions between both sides, to alleviate any disputes and tensions, as well as avoiding internationally condemned actions.
China have also opened up to talking in more formal events, such as anti-piracy forums and humanitarian satellite communication conventions. This is then followed up by engagements in bilateral and naval drills, which is done as a confirmation of China’s willingness to cooperate. Moreover, China have taken part in exercises such as Humanitarian Assistance and Disaster Relief (HADR) skills, and anti-piracy operations to diffuse any potential escalations.
The Diplomatic Route
Apart from supporting non-threatening international relations and mutually beneficial negotiations, organizations such as the ASEAN and the UN have acknowledged the need for formal international organizations, in this case the Law of the Sea Convention. This document defines the rights and responsibilities of countries pertaining to their usage of the world’s oceans, thus ensuring a set of mutual rules for all parties interested in the area.
This is similarly echoed by prominent international legal experts, who believe that some or all of the claims should be legitimised according to international marine law. This opinion is shared by a variety of international players, who hope that this could lead to a resolution, however as of yet, no progress on this matter has been made.
Furthermore, scholars of international law have suggested that the different countries involved should start to cooperate in military actions such as joint patrols and workshops, as this could provide an important step in reducing and eventually defusing the conflict by making the states feel more secure.
In spite of this, there is still a growing concern amongst the regional countries that China cannot be fully trusted when it comes to international agreements. This can be seen in the South China Sea Islands dispute, where the Chinese government have alleged their rights to the islands without abiding by any common international laws. Thus, the danger that China’s rise causes hangs in the air, and will remain of significance until the parties involved come to an agreement.
Internationalisation of Disputes
The international community, not only the countries involved, have condemned the Chinese actions in the South China Sea and have encouraged other states to side with the ASEAN countries and the United States regarding the matter. Both the United Nations and other non-governmental organisations have been involved in the mediations and proposals made to the countries to avoid any escalations and violence, such as the Code of Conduct by the UNCLOS.
Additionally, a key figure in the matter arises in form of the United Nations Security Council (UNSC) who are mandated to preserve international peace and security. In the past few years, the organisation has condemned Chinese projects in the South China Sea and prohibited them from pursing any activity that could inflame the dispute.
As a result, the United Nations has become a central platform for different states and representatives to discuss their individual beliefs and/or positions, thus working towards a common solution. Although actions taken might not have been drastic or majorly noticed, their efforts have allowed the discussions to reach a higher degree of intensity than before.
