Background Information
The South China Sea is a highly contested area of water in East Asia and Southeast Asia. It is bordered by a number of countries, including China, the Philippines, Malaysia, Brunei, Taiwan, and Vietnam. The region is renowned for its significant economic and military importance, due to the abundance of natural resources within the area and its strategic location. As such, the South China Sea has sparked tensions among the various nations claiming its waters.
Historical Territorial Claims
Historically, China has long made its claim over the South China Sea, with Chinese records of navigation through the area dating back as far as the 12th century. According to Chinese officials, China’s claim to the waters of the South China Sea is based on the ‘nine-dash’ line that stretches from the coast of China to the east of Hainan Island in the south.
In comparison to China, other states in the region have more recently made their claims over the South China Sea, with the Law of the Sea Treaty putting forth the legal framework for coastal states to extend their maritime boundaries to 200 nautical miles. As such, the competing territorial claims over the South China Sea have become increasingly fortified.
Recent Confrontation and Conflicts
Since 2010, a number of dramatic confrontations have occurred in the South China Sea in regards to the competing territorial claims. The depth of animosity towards China’s claim has led to increasing militarization of the area, with the presence of military aircraft and ships amid the escalating tensions.
In 2016, an international arbitration decided against China’s claims in the South China Sea, recognizing that its historical records of navigation do not provide a legal basis for its claim. However, this ruling has largely been ignored by China and its allies.
Economic Implications
The economy of the South China Sea is also at risk of being detrimentally impacted by the ongoing conflicts over the region. Already, many local fisheries have been disrupted, as well as oil and natural gas exploration projects. These projects are necessary in order to promote the economic growth of the nations around the South China Sea, but they are also seen by some as a provocation and could reignite further conflicts.
In 2020, in what is viewed as a challenge to foreign ships using the sea, China introduced a law in the West Philippine Sea that included regional resources, allowing the Chinese coastguard to search ships and arrest those who “enter without permission”.
International Response
Internationally, there have been numerous attempts to resolve the disputes over the South China Sea, such as the Declaration of Conduct for the South China Sea, which was established between China and the Association of South East Asian Nations (ASEAN) in 2002. This was meant to be a framework for negotiations between the competing parties, but due to the lack of enforcement mechanisms, tensions remain high.
The United States has also increased its involvement in the region, sending warships and aircraft into the waters of the South China Sea in order to “challenge excessive maritime claims” and reassure the other nations in the region of their access to these international waters.
Environmental Outlook
In addition to the geopolitical and economic ramifications of the South China Sea conflict, there is also the issue of environmental damage. The presence of military ships and aircraft in the region has meant that there is increasingly less attention paid to the protection of the environment within the South China Sea.
The impacts of this rampant militarization are far-reaching. Coral reefs and the marine life within them are being damaged, as well as the seabed and shoreline habitats critical to their survival. Furthermore, the risks of oil spills are increasing, due to oil and gas exploration projects, due to the lack of an established governance framework.
Legislative Mirrors
The South China Sea dispute has shown the regional importance of international law and how it can be used to govern and resolve disputes. In states such as the Philippines and Vietnam, laws have been passed in order to mirror aspects of the Law of the Sea Treaty, in order to give their claims to the South China Sea legal standing.
However, due to the lack of enforcement mechanisms, these laws have largely had little full affect on the resolution of the dispute. Nations such as China have violated their own laws in order to maintain their control over the region, something which threatens to undermine international law.
Environmental Protections
Due to the environmental harm being caused to the South China Sea, there have been recent attempts to put forth protection initiatives that are approved by the governmental, corporate and communal stakeholders.
The Coral Triangle Initiative (CTI-CFF) and the Coral Triangle Support Partnership (CTSP) are two key initiatives set up in the Coral Triangle region, with aims to help conserve and manage coral reefs and other species critical to the ecological diversity of the region. Both of these initiatives are focused on identifying and exploring solutions that not only support biodiversity, but also protect the economic interests of fishermen from the maritime countries in the region.
Maritime Regulations
In order to fortify the stability and security of the South China Sea, there have been a number of calls for the implementation of binding maritime regulations. Organizations such as the American Association of the South China Sea (AASS) and the Institute for the South China Sea (ISC) have both proposed framework agreements to enact this.
The proposed regulations are focused on the prevention of conflicts, the respect of Sovereign borders, the sustainable development of fisheries, the protection of traditional practices and the disputes of unresolved claims. Through these regulations, it is hoped that the South China Sea will become a safe and vibrant maritime space where all nations can cooperate and benefit from.
Conflict Resolution
Attempts have also been made to bring the conflicting parties into a peaceful negotiations that can provide a resolution to the conflict. The ASEAN Regional Forum has been a key platform for such negotiations, with their aim to build trust, confidence and transparency among all the parties to the conflict.
Moreover, the United Nations Convention on the Law of the Sea (UNCLS) can also prove to be a useful platform for arbitration, as it provides an international framework for the legal resolution of maritime disputes. However, for the South China Sea in particular, there needs to be a focus on legal certainty in order for agreements to be made binding and due respect to be given by all parties involved.
Maritime Strategies
Due to the conflicting maritime claims in the South China Sea, nations in the region have had to come up with their own strategies, in order to protect their respective interests and ensure the stability of the region.
Using the example of China, their strategy has historically been to strengthen their military presence and economic investments in the region. In recent years, their focus has shifted instead to confidence-building and rule-setting negotiations that seek to protect the interests of all parties involved.
Other nations in the region have adopted similar strategies, focus on constructing Maritime Zones of Cooperation or Strategic Partnerships across the shared waters of the South China Sea. These have been set up to increase cooperation between the nations and lead to better resource management and environmental protection.
Conclusion of Conflict Resolution
As the conflict in the South China Sea continues to be an ever-present issue, it is clear that a resolution needs to be reached amongst the competing nations. It is vital that both sides undertake diplomatic endeavours to resolve their differences, while also respecting each other’s territorial claims.
At the same time, all nations need to adhere to the international laws concerning the South China Sea, and in particular, the UNCLS and any regional agreements. Doing so will ensure the stability, safety and economic prosperity of the region, and allow for a mutually beneficial outcome for all parties involved.
