The South China Sea has become the centre of international controversy. Located in the Pacific Ocean, this marine region stretches from the northern tip of Vietnam to the east and south to the utmost point of Malaysian Borneo. This areas North and South sees numerous neighbors who are now at odds with one another due to their conflicting claims over the body of water and the resources it holds.
The sovereignty dispute over the South China Sea is known to go back to at least the 1970s when China reasoned that it enjoyed the “historic rights” to the South China Sea and its islands, based on the maritime regulations outlined in the United Nations Convention on the Law of the Sea (UNCLOS). In contrast, other countries in the region, such as the Philippines, Vietnam, Malaysia and Brunei, asserted their equal rights to the same maritime resource areas, as they also strictly followed UNCLOS regulations. This began a decades-long struggle between these countries and has continued until now, keeping everyone at odds.
For most part, the dispute over the South China Sea involves the claim of territorial and sea area jurisdiction on reef, rock, island and cays in the region, with all sides making strong historic and legal arguments. The Islands occupied by China have been used as military outposts, while areas of concern have also been found to contain vast resources in terms of fisheries and fossil fuels, driving their battles to even more passionate heights.
In addition, the rise of China as a major economic player since the late 20th century has strengthened their claim on the South China Sea and given them further autonomy over this area. China has attempted an expansive approach to the issue, and many scholars argue that this has provided a clear violation of international law. For example, in July 2016, The Hague ruled that their claim of a “nine-dash line” in the South China Sea was unconstitutional, as it overtly undermined international law. Additionally, China has been accused of using their advanced technological capabilities, such as their heavy coastal defense, to actively erect an effective claim over the region.
Experts further argue that China’s continued pursuit of the South China Sea is driven primarily by its demand for resources. As an example, China is now actively sourcing fish stocks, as it decreases its own over-fishing. Meanwhile, the inability of the Association of Southeast Asian Nations (ASEAN) to resolve the dispute, combined with the lack of involvement from major powers, such as the United States and Russia, has left the regional actors in a stalemate. Despite their vast differences in diplomatic and financial means, the regional actors have managed to remain united against China’s expansionism.
The current issue in the South China Sea properly illuminates why the still-developing nations in the region must continue to stand together. Moreover, it highlights the need for a lasting resolution to be met within the international community. China’s aggressive tactics on the issue have demonstrated the importance of implementing regulations that govern worldwide access to marine resources. Without effective management, over-fishing, illegal poaching and environmental destruction will continue to wreak havoc and restrict economic growth in the region.
Disruption of Marine Ecosystem
The South China Sea marine environment is threatened by both legal and illegal activities carried out by all coastal states. Areas being damaged include seagrass beds, coral reefs, mangroves, and estuarine wetlands, which provide essential components of the marine food chain. The coastal states have been hard pressed to cooperate effectively, with the use of traditional fishing gear and fishery resources in the South China Sea, to help mitigate the impacts of overfishing and other problems, such as pollution. Illegal, unreported and unregulated fishing, as well as illegal resource extraction, also contribute to the destruction of the marine environment.
Finally, the instability in the South China Sea has also enabled illegal activities such as smuggling and piracy. This has posed a great threat to safety of ships, crew and fishing vessels, who are particularly vulnerable to these illegal activities. Without sufficient regulation, the decline of fish stocks and environmental degradation will continue to be of problem. Governments from countries in the South China Sea region must come together to create agreements and regulations that can protect the marine environment and ensure sustainable fishing practices. Additionally, international organizations such as the United Nations must do more to help resolve issues.
Chinese Expansionism
The behaviour of the Chinese government in relation to the South China Sea dispute has been very aggressive, as evidenced by their continued military build-up and expansion in the area. It is believed that China’s behaviour is motivated by an ambition to control the South China Sea and its resources. This ambition is driven by a desire to both secure its hold over the region and to gain access to the valuable resources such as oil, gas and fish found in the sea.
The lack of effective regional international organisations to manage the dispute, combined with the lack of external players like the United States and Russia taking a role in the issue, has given China further opportunity for expansionism. Additionally, China is also accused of using its advanced technological capabilities such as its heavy coastal defence systems to project a stronger presence in the region.
According to experts, it is in the interests of all countries in the South China Sea region to prevent Chinese expansionism. The Chinese government has exhibited a disregard for international law regarding the rights of international waters, as evidenced by The Hague court’s ruling. In order to protect its resources and its neighbours, the international community must take a stronger stance against any attempts of Chinese aggression.
Diplomatic Solutions
The dispute over the South China Sea has become a multi-faceted complex issue, which requires diplomatic solutions from all sides. It is clear that the nations in the region possess significantly unbalanced powers, but despite this, it is important that all parties maintain constructive dialogue. One possible avenue for a resolution could be for a proposed Code of Conduct between all countries in the region.
To achieve success, it is essential for all member states to fully commit to meaningful negotiations and an overriding commitment to international law. Additionally, all disputes should be conducted through peaceful means and a resolve not to use military force in resolving the territorial disputes. This can be achieved by creating an open platform for peaceful dialogue and by amicably understanding the interests of all involved.
Furthermore, the coastal states have a responsibility to create and adhere to a code of conduct that protects the fragile marine ecosystems of the South China Sea. This should encompass clear rules and regulations to guard against unlawful fishing and resource exploitation. Additionally, the protection of marine preservation zones should be established to aid in the preservation of the environment and the species that depend on it.
Regional Cooperation
In order for any resolution to be achieved between the countries in the South China Sea dispute, it is necessary for all to adopt a cooperative structure and agree on criteria for conflict resolution. It is essential that the regional actors develop a united front and push for resolutions that are in the interest of all. Criteria could include an equal recognition of all countries’ claims, an effective conflict management system and the engagement of external players, such as the United Nations or the United States.
Furthermore, the coastal states should also work together to protect the interests of small, resource dependent countries in the South China Sea. This includes creating regional initiatives that can help ensure the sustainable management and exploitation of the resources in the sea that all countries rely on.
Additionally, more support should be given to organizations such as the International Organisation for Migratory Species (IOM). The IOM can provide further measures to protect species in the South China Sea along with advice on marine conservation. Without this, the viability of the South China Sea, and the species that inhabit it, remains in danger.
Peaceful Resolution
The South China Sea dispute needs to be handled in a peaceful and cooperative manner, and must involve a resolution arrived at through meaningful discussions of the nations involved. To this end, all parties must recognize the specific interests and concerns of each other, and reach a platform of cooperation for a joint resolution.
It is also essential that countries look beyond the disputes over resources and fishing rights, and instead focus on the future of the South China Sea. Solidarity must be maintained in order to create an environment of political and economic stability between all nations and provide an opportunity for peaceful progress.
Finally, all regional nations and the international community must continue to advocate for a resolution that respects the legitimate rights of all countries involved. With an open discussion and a commitment to international law, a solution must be reached that is beneficial to all countries involved in what is a complex and protracted disputes.
