Defining The Region
The South China Sea is a crucial body of water for multiple nations in East Asia, due to its natural resources, transportation links, and fisheries. It’s also an area of strategic importance, as it serves as an imperative trade route, linking 30 percent of global maritime commerce. The region is located in South East Asia and stretches towards the east coast of Taiwan and well into the Pacific Ocean. There are various states with competing claims in the South China Sea; most notably, Beijing considers it a core national interest, and they maintain a set of largely overlapping claims.
China’s Clampto The Region
China’s claim to the region came into practice when it began to assert its ‘nine-dash line’—an informal boundary it sees as delineating its portion of the South China Sea. Formally, China’s claim is based on ancient rights and its interpretation of international law, which needs to officially be interpreted through the International Tribunal for the Law of the Sea.
This quandary has left nations such as Vietnam, Malaysia and the Philippines—who are also parties to the conflict—at odds with Beijing’s established claim. As a result, China insists it has the sovereignty to construct artificial islands in the South China Sea, and that any activities it has participated in are exclusively meant for ‘peaceful’ purposes.
Multiple Legal Disputes
The dispute between China and multiple nations have led to several legal disputes that have developed over the course of several decades. In the early 2000s, China put in place a law authorizing force when it feels threatened by any ‘foreign party’ in the South China Sea—a seldom-used rule in international law. Following various illegal activities by China such as unauthorised construction of artificial islands, numerous appeals have been sent to the Permanent Court of Arbitration, focusing on not only the disputes in the South China Sea but also those related to China’s violations of the UN Convention on the Law of the Sea.
Economic Relevance
The South China Sea is of particular economic importance to many of the involved nations, as it is an ideal shipping channel for transport of goods and for quick access to lucrative fishing grounds. Since the early 19th century, the Chinese authorities have linked their core interests to the natural resources found in the South China Sea region; both the Department of European and Asian Affairs and the Ministry of Foreign Affairs have specifically mentioned this in their policy statements. In addition, virtually 40 percent of China’s oil imports transit through the South China Sea in comparison to 20 percent for Japan.
Tribunal RejectsThe Claim
A tribunal of the Permanent Court of Arbitration rejected the nine-dash line on which China based its claim in the South China Sea in a 2016 ruling. In response, the Chinese government deemed the ruling null and void, as it held that the arbitration tribunal by the PCA in The Hague had exceeded its mandate. It has since then emphasized that it will not “itself accept or participate in any dispute resolution proceedings without its consent”.
Beijing’s Response
China has defended its position by citing a number of similarities to its existing claim; primarily, the ‘nine-dash line’ has been set in accordance to its interpretation of international law, which the majority of other nations in the region do not agree with. The Chinese government has also relied on a legal argument called the ‘Law of Potential Entitlement’, which has also been rejected by the Permanent Court of Arbitration.
The Chinese authorities have also pursued a number of other forms of diplomacy in the dispute; both regional and international organizations have been used as outlets for China to express its view, most notably through its participation in the 2016 Declaration of Conduct of Parties in the South China Sea. Additionally, there have been a number of bilateral meetings between China and the other two parties competing for the South China Sea, notably between China and the Philippines.
International Reactions
The international community’s attitude towards China’s stance on the maritime dispute has generally been negative. The US and other involved countries view this as an attempt by Beijing to assert its control of the South China Sea; consequently, China has been accused of contravening the UN Convention on the Law of the Sea to justify its ambitions. As a result, American ships have regularly patrolled the area to counteract any Chinese assertiveness.
The Risk Of Conflict
As tensions continue to rise in the South China Sea, many fear that the ongoing dispute could lead to conflict. Many analysts have warned of the consequences a conflict between China and the other claimant states could have, as it could potentially damage global economic and security interests.
The dispute has also been noted as a possible barrier to cooperation and collaboration among the states involved in the dispute, as the presence of competing claims and unresolved tension can limit the states’ capacity to pursue bilateral projects. Additionally, the militarization and presence of Chinese vessels in contested waters may threaten the security of the region, as it could potentially lead to an escalation of the dispute.
Regional Dynamics
The situation in the South China Sea is reflective of the multinational dynamics of the East-Asian region and the increasing importance of Maritime law as a determining factor in international relations.The countries involved need to use collaborative diplomacy to ensure that Beijing adheres to the ruling of the Permanent Court of Arbitration and works towards limiting hostile activities in the region; this could even potentially lead to the negotiation of a legal resolution concerning the ‘nine-dash line’ and the demarcation of waters in the South China Sea.
The Chinese Position
China’s position concerning the South China Sea is rooted in a combination of its own maritime historical interests and its contemporary geopolitical ambitions. Beijing continues to view its claim as legally valid, and has previously stressed the importance of cooperation between states under the ‘one-China’ policy.
Furthermore, Beijing has appealed to traditional concepts in Chinese law, such as ‘historic rights’, in its defence. This has been proven problematic for other claimant countries, as there is a lack of consensus in the East-Asian region over the interpretation of the law of the sea, which has thus far led to minimal progress in negotiations and a continuance of bilateral disputes.
Geopolitical Impact
The South China Sea dispute is part of a wider geopolitical trend in the East-Asian region, and serves as a symbol of the rising strength of Chinese maritime law. With China’s forward-pressing policies, experts fear the worst—a region-wide conflict which pitted nations against each other in a struggle for resources.
The past few years have seen an increased militarization of the region by the Chinese authorities; most notably, they have built multiple artificial islands, violating UNCLOS. The risk of such a conflict is made more pressing by the presence of other non-claimant states such as the US, who could be involved in the dispute through their continual patrolling in the South China Sea.
China-US Tensions
The US and China relations have been fragile and hostile in recent years, as the Trump administration has consistently put pressure on Chinese authorities to de-escalate any threats of conflict in the region. Though China is attempting to hold on to a firm stance in the face of pressures from multiple countries, it has softened its tactics through collaborative initiatives such as the ASEAN-China talks and the 2017 framework of the Code of Conduct.
The US, on the other hand, has continued to remain critical of Chinese activities in the South China Sea, highlighting the violation of UNCLOS by Chinese authorities. Washington has relied on these provisions in support of numerous regional states, pressuring China to maintain peace in the region.
Conclusion
The South China Sea dispute has become one of the most pressing controversies in East-Asian geopolitics – threatening the security of the region and potentially leading to a conflict between claimant nations. With the increasing presence of other states in exerting their own interpretation of international law and standards, China has maintained a tough stance, citing historical rights and its own legislation to defend its claims.
International institutions, like the Permanent Court of Arbitration, are actively seeking a legal resolution to the dispute; all parties must take a collaborative approach and accept that any sort of resolution depends on the cooperation of all countries. Until then, tensions will remain high, putting the region’s economic and strategic interests in a vulnerable position.
