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Philippines v. China: o o o o o o o o o o o o o
Philippines v. China: o o o o o o o o o o o o o
The South China Sea disputes involve both island and maritime claims among several sovereign
stateswithin the region, namely Brunei, the People's Republic of China (PRC), Republic of
China (Taiwan), Malaysia, Indonesia, the Philippines, and Vietnam. An estimated US$5 trillion
worth of global trade passes through the South China Sea annually[1] and many non-claimant
states want the South China Sea to remain international waters. To promote this, several
states, including the United States, conduct "freedom of navigation" operations.[2]
The disputes include the islands, reefs, banks, and other features of the South China Sea,
including the Spratly Islands, Paracel Islands, and various boundaries in the Gulf of Tonkin.
There are further disputes, including the waters near the Indonesian Natuna Islands, which
many do not regard as part of the South China Sea.[3] Claimant states are interested in retaining
or acquiring the rights to fishing areas, the exploration and potential exploitation of crude
oil and natural gas in the seabed of various parts of the South China Sea, and the strategic
control of important shipping lanes.
In July 2016, an arbitration tribunal constituted under Annex VII of the United Nations
Convention on the Law of the Sea (UNCLOS) ruled against the PRC's maritime claims
in Philippines v. China.[4] The People's Republic of China and the Republic of China (Taiwan)
stated that they did not recognise the tribunal and insisted that the matter should be resolved
through bilateral negotiations with other claimants.[5] However, the tribunal did not rule on the
ownership of the islands or delimit maritime boundaries.[6][7]
Contents
1Disputes
2South China Sea
o 2.12011 agreement
o 2.2Chinese objection to Indian naval presence and oil exploration
o 2.3Chinese policy on the South China Sea
o 2.4Oil development
o 2.5Incidents involving fishermen
3Security summits
4Non-claimant views
o 4.1Independent analysis
o 4.2Japan
o 4.3Cambodia
o 4.4East Timor
o 4.5Indonesia
o 4.6Laos
o 4.7Singapore
o 4.8Thailand
o 4.9United States
5See also
6References
o 6.1Citations
o 6.2Sources
7Further reading
8External links
Disputes[edit]
Summary of disputes
Area of
dispute Brunei China Indonesia Malaysia Philippines Taiwan Vietnam
The nine-dash
✔ ✔ ✔ ✔ ✔ ✔ ✔
line
Vietnamese
✔ ✔ ✔
coast
South China
✔ ✔ ✔ ✔ ✔
Sea islands
Sabah area ✔ ✔ ✔
Luzon Strait ✔ ✔ ✔
The disputes involve both maritime boundaries and islands.[8] There are several disputes, each
of which involves a different collection of countries:
The once abundant fishing opportunities within the region are another motivation for claims. In
2012, the South China Sea was believed to have accounted for 12% of world fishing catches
worth $21.8 billion.[13] There have been many clashes in the Philippines with foreign fishing
vessels (including those of the PRC) in disputed areas. According to some commentators, the
PRC believes that the value in fishing and oil from the sea has risen to a trillion dollars.[14]
The area is also one of the busiest shipping routes in the world. In the 1980s, at least 270
merchant ships used the route[clarification needed]each day. Currently,[timeframe?] more than half the
tonnage of the world's crude oil transported by sea passes through the South China Sea,[citation
needed]
a figure rising steadily with the growth of the PRC consumption of oil.[citation needed] This traffic
is three times greater than that passing through the Suez Canal and five times more than
the Panama Canal.[citation needed]
Security summits[edit]
The Shangri-La Dialogue serves as the "Track One" exchange forum on security issues
surrounding the Asia-Pacific region. The South China Sea territorial disputes has dominated
proceedings at the conference in recent years.[65][66][67] The Council for Security Cooperation in
the Asia Pacific is the "Track Two" forum for dialogue on security issues.[68][69]
In February 2016, U.S. President Barack Obama initiated the US-ASEAN Summit
at Sunnylands in Rancho Mirage, California for closer engagement with the Association of
Southeast Asian Nations. Territorial disputes in the South China Sea were a major topic, but its
joint statement, the "Sunnylands Declaration", did not name the South China Sea, instead
calling for "respect of each nation's sovereignty and for international law". Analysts believe it
indicates divisions within the group on how to respond to China's maritime strategy.[70][71]
Non-claimant views[edit]
Independent analysis[edit]
The vast majority of international legal experts have concluded that China's claims based on
historical claims are invalid.[72] Many ambiguities also arise from the notion of historical claims
as a basis for claiming sovereignty; China's position is essentially ambiguous.[73][72][74]
The position of China on its maritime claims based on UNCLOS and history has been ambiguous,
particularly with the nine dash line map.[75][73] For example, in its notes verbales in 2011, the first
phrase stated that China has undisputed sovereignty over the islands and the adjacent waters,
suggesting China is claiming sovereignty over its territorial waters, a position consistent with
UNCLOS.[75] However, the second phrase in its notes verbales stated that China enjoys sovereign
rights and jurisdiction over the relevant waters along with the seabed and subsoil contained in
this region, suggesting that China is claiming sovereignty over all of the maritime space
(includes all the geographic features and the waters within the nine dash line).[75] The third
phrase indicates support for basing their claims on historical basis as well.[75] Recently in
its notes verbales in 2011, China has explicitly stated that it claims the territorial waters and all
of the islands in which each island has its own exclusive economic zone and continental shelf.
[73]
A major problem with this claim is that it fails to distinguish between geographic features
considered as "islands" or "rocks" under UNCLOS.[73]
Japanese scholar Taoka Shunji criticised Japanese Prime Minister Shinzo Abe for trying to falsely
portray China as a threat to Japan and that China was invading neighbours such as the
Philippines. He pointed out that the Spratly Islands were not part of the Philippines when the
US acquired the Philippines from Spain in the Treaty of Paris in 1898 and that Japanese-ruled
Taiwan itself had annexed the Spratly Islands in 1938 in a move that was never challenged by
the US-ruled Philippines, which never asserted that it was their territory. He also pointed out
that other countries did not need to do full land reclamation since they already controlled
islands and that the reason China engaged in extensive land reclamation is because they
needed it to build airfields since China only has control over reefs.[76]
Japan[edit]
Japan has used "normative power" via strategic foreign aid to certain claimants in the dispute
such as the Philippines and Vietnam in order to assert its presence in the region as promoting
the "rule of law at sea." [77]
Cambodia[edit]
Cambodia has backed China over the dispute in ASEAN meetings, preventing consensus over
unified ASEAN action.[78] Anti-Vietnamese sentiment due to Vietnam's conquest of previously
Cambodian lands, giving the Vietnamese a privileged status and encouragement of Vietnamese
settlers in Cambodia during French colonial rule, and the occupation of Cambodia after the
ouster of the Khmer Rouge has led to anti-Vietnamese feelings against ethnic Vietnamese in
Cambodia and against Vietnam, and in turn has led to pro-China sentiment among the
Cambodian government and the Cambodian opposition, including in the South China Sea.[79]
East Timor[edit]
The sweeping maritime claims of gas and oil rich territory maintained and disputed by Australia
against the tiny country of East Timor and flouting of international law have been compared to
the situation in the South China Sea, causing the East Timorese government to deprecate
China's claims and stance.[80]
Indonesia[edit]
See also: China–Indonesia relations
Since early in the South China Sea dispute, Indonesia has repeatedly asserted its position as a
non-claimant state in the South China Sea dispute,[81] and often positioned itself as an "honest
broker".[82] However, parts of China's unilaterally claimed nine-dash line overlap
Indonesia's exclusive economic zone near the Natuna islands. Although China has
acknowledged Indonesia's sovereignty over the Natuna islands,[83] the PRC has argued that the
waters around the Natuna islands are Chinese "traditional fishing grounds". Indonesia quickly
dismissed China's claim, asserting that China's nine-dash line claim over parts of the Natuna
islands has no legal basis.[84] In November 2015, Indonesia's security chief Luhut Panjaitan said
Indonesia could take China before an international court.[85] Indonesia filed a comment with
the Permanent Court of Arbitration regarding China's claim in the case of Philippines v. China.
Chinese fishing vessels – often escorted by Chinese coastguard ships – have repeatedly been
reported to have breached Indonesian waters near the Natuna islands. On 19 March 2016, for
example, Indonesian authorities tried to capture a Chinese trawler accused of illegal fishing in
Indonesian waters, and arrested the Chinese crew. They were prevented from towing the boat
to harbour by a Chinese coast guard vessel which reportedly "rammed" the trawler in
Indonesian waters. "To prevent anything else occurring, the Indonesian authorities let go of the
Chinese boat and then left toward Natuna, still with eight fishermen and the captain on board,"
said Arrmanatha Nasir, a spokesman for Indonesia's Foreign Ministry. Indonesia still has the
Chinese crew in custody.[86] On March 21, 2016, minister for fisheries and maritime affairs Susi
Pudjiastuti summoned the Chinese ambassador, Xie Feng, and discussed this matter.
[86]
Indonesia insists that they have the right to prosecute the Chinese trawler crew, despite
Beijing's demand to release their eight fishermen. Arif Havas Oegroseno, the government
official of maritime security, said that the Chinese claim of "traditional fishing grounds" was not
recognised under the 1982 United Nations Convention on the Law of the Sea. This incident
prompted security minister Luhut Pandjaitan to deploy more troops and patrol boats, and to
strengthen the Ranai naval base in the area.[87]
Following the clashes, on 23 June 2016, Indonesian President Joko Widodo visited the Natuna
islands on a warship to demonstrate Indonesia's authority. He led a high-level delegation, which
included the Commander of the Indonesian National Armed Forces (TNI) and state ministers.
Security Minister Luhut Panjaitan said it was meant to send a "clear message" that Indonesia
was "very serious in its effort to protect its sovereignty".[88]
Following the Permanent Court of Arbitration ruling on 12 July 2016, Indonesia called on all
parties involved in the territorial dispute to exercise self-restraint and to respect applicable
international laws.[89]
Indonesia challenged the Chinese nine-dash historical claim by arguing that if the historical
claims can be used on presenting the territorial naval claims, Indonesia might also use its
historical claims on the South China Sea by referring to the ancient influence of
the Srivijaya and Majapahit empires.[90]
Laos[edit]
Laos has supported China by refusing to accept the Permanent Court of Arbitration ruling on
China's sovereignty claims in the South China Sea.[91]
Singapore[edit]
Singapore has reiterated that it is not a claimant state in the South China Sea dispute and has
offered to play a neutral role in being a constructive conduit for dialogue among the claimant
states. However, Singapore hopes that China will obey international laws.[92]
Thailand[edit]
In ASEAN, Thailand is neutral and is open to hearing both sides and will not push to consensus.
[not in citation given][93]
United States[edit]
See also: China–United States relations and East Asian foreign policy of the Barack Obama
administration
The United States and China are currently in disagreement over the South China Sea. [94] This
disagreement is exacerbated by the fact that the US is not a member of the United Nations
Convention on the Law of the Sea (UNCLOS).[95] Nevertheless, the US has stood by its
manoeuvres, claiming that "peaceful surveillance activities and other military activities without
permission in a country's Exclusive Economic Zone (EEZ),"[96] is allowed under the convention.
Additionally, a South China Sea free to access is in the US's economic and geopolitical interests.
[97]
In relation to the dispute, Hillary Clinton, then United States Secretary of State, voiced her
support for fair access by reiterating that freedom of navigation and respect for international
law is a matter of national interest to the United States.[98] Her comments were countered by
China's Foreign Minister Yang Jiechi as "in effect an attack on China," who warned the United
States against making the South China Sea an international issue or multilateral issue.[99]
Clinton testified in support of congressional approval of the Law of the Sea Convention, which
would strengthen U.S. ability to support countries that oppose Chinese claims to certain islands
in the area.[100] On 29 May 2012, a spokesman for the Chinese Foreign Ministry expressed
concern over this development, stating that "non-claimant Association of South East Asian
Nations countries and countries outside the region have adopted a position of not getting
involved into territorial disputes."[101] In July 2012, the United States Senate passed resolution
524, initially sponsored by Senator John Kerry, stating (among other things) the United States'
strong support for the 2002 declaration of conduct of parties in the South China Sea, reaffirms
the United States' commitment to assist the nations of Southeast Asia to remain strong and
independent, and supports enhanced operations by the United States armed forces in
the Western Pacific.[102]
In 2014, the United States responded to China's claims over the fishing grounds of other nations
by saying that "China has not offered any explanation or basis under international law for these
extensive maritime claims."[103] USN CNO Jonathan Greenert then pledged American support to
the Philippines in its territorial conflicts with the PRC.[104] The Chinese Foreign Ministry asked
the United States to maintain a neutral position on the issue.[105] In 2014 and 2015, the United
States continued freedom of navigation operations, including in the South China Sea.
[106]
Sources closer to the Pentagon have also said that the US administration is planning to
deploy some more naval assets within 12 nautical miles of the Spratly Islands. In response to
this announcement, Beijing issued a strict warning and said that she would not allow any
country to violate China's territorial waters in the name of "Freedom of Navigation".[107] In May
2015, U.S. Secretary of Defense Ash Carter warned China to halt its rapid island-building.[108] On
27 October 2015, the US destroyer USS Lassen navigated within 12 nautical miles of reclaimed
land in the Subi Reef as the first in a series of "Freedom of Navigation Operations".[109] This is
the first time since 2012 that the US has directly challenged China's claims of the island's
territorial limit.[110] On 8–9 November 2015, two US B-52 strategic bombers flew near artificial
Chinese-built islands in the area of the Spratly Islands and were contacted by Chinese ground
controllers but continued their mission undeterred.[111]
The United States itself has not signed UNCLOS, but has accepted all but Part XI as customary
international law.[112]
In response to Rex Tillerson's comments on blocking access to man-made islands in the South
China Sea, the Communist Party-controlled Global Times warned of a "large-scale war"
between the U.S. and China, saying: "Unless Washington plans to wage a large-scale war in the
South China Sea, any other approaches to prevent Chinese access to the islands will be
foolish."[113][114]
See also[edit]
References