The South China Sea dispute is ostensibly over jurisdiction and sovereignty of islands, reefs and Exclusive Economic Zones (EEZs) in South China Sea. Reflecting the Rashomon nature of the dispute, the claimants have argued bitterly over the “true” history of these island chains. Historical accounts note that at least France had controlled some of the features in the region during the 1930s. Although China has acknowledged Indonesia's sovereignty over the Natuna islands,[111] the PRC has argued that the waters around the Natuna islands are Chinese "traditional fishing grounds". The Philippines initiated the arbitration in January 2013 under the dispute settlement procedures of Annex VII to the 1982 United … [143] In 2019, the United States has also twice flown B-52 Stratofortress bombers near the PRC-claimed islands in the Spratlys. [148][149], Disputes over maritime and island sovereignty, Chinese objection to Indian naval presence and oil exploration, Japans next move, New Zealand Herald, 19 May 1939, Page 10, United Nations Convention on the Law of the Sea, Islands, reefs, banks and shoals in the South China Sea, the PRC used military force in the Paracel Islands, Intergovernmental Oceanographic Commission, The Chinese Ministry of Geological Resources and Mining, Council for Security Cooperation in the Asia Pacific, Vietnam's conquest of previously Cambodian lands, East Asian foreign policy of the Barack Obama administration, Association of Southeast Asian Nations Regional Forum, List of maritime features in the Spratly Islands, "How much trade transits the South China Sea? [114] On 21 March 2016, minister for fisheries and maritime affairs Susi Pudjiastuti summoned the Chinese ambassador, Xie Feng, and discussed this matter. [38] This set of guidelines is based on an earlier agreement, also called DOC, from 2002, between China and the ASEAN Member States. Worse, the stakes are high: the Sea is one of the primary routes for international trade, and many claimants believe that the Sea hides bountiful oil reserves in addition to its plentiful fishing stocks. China is an active player in the World Trade Organization’s dispute settlement mechanism. [127][128] 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. This was originally an "eleven-dashed-line," first indicated by the Kuomintang government of the Republic of China in 1947, for its claims to the South China Sea. They were prevented from towing the boat to harbour by a Chinese coast guard vessel which reportedly "rammed" the trawler in Indonesian waters. Or it could mean that China claims all the territorial features and all the waters enclosed by the nine-dash line, even those that exceed what’s permitted under maritime law. The Indian Navy further clarified that "[t]here was no confrontation involving the INS Airavat. Tensions crested when Beijing forcibly occupied Johnson Reef, killing several dozen Vietnamese sailors in the process. [24], The Geneva Accords of 1954,[25] which ended the First Indochina War, gave South Vietnam control of the Vietnamese territories south of the 17th Parallel, which included the islands in the Paracels and Spratlys. [138] In May 2015, U.S. Secretary of Defense Ash Carter warned China to halt its rapid island-building. We hope the foreign countries do not get involved in South China Sea dispute. 1596 – Declaring Certain Area Part of the Philippine Territory and Providing for their Government and Administration", "List of maritime features in the Spratly Islands", "China expels US ship from disputed waters in fresh escalation in South China Sea", "RPT-China, ASEAN set 'guidelines' on sea row, but no deal expected", "Declaration on the Conduct of Parties in the South China Sea", "China rebukes accusation of militarizing SCS", "China welcomes progress in South China Sea issue amid tensions", "INS Airavat Incident: What does it Portend? Since 2013, the PRC has resorted to island building in the Spratly Islands and the Paracel Islands region. In the Battle of the Paracel Islands, it wrested several features out from under South Vietnam’s control, killing several dozen Vietnamese and sinking a corvette in the process. According to the rule, China’s historical claim to the South China Sea, or the “nine-dash line” claim, has no legal basis. [95][96][97] The Council for Security Cooperation in the Asia Pacific is the "Track Two" forum for dialogue on security issues. He also served as Special Counsel to the General Counsel of the U.S. Department of Defense. This occurred during a visit by Duterte to Beijing, with discussions between the two leaders. These principles should be respected by all."[42]. Over the last year, disputes in the South China Sea have dominated headlines, and they seem sure to continue to generate fresh national security issues. Suggestions for a fresh alternative to the existing approaches include the adoption of a minilateral approach (i.e. [68] However, the country is a net importer of oil products. – South China Morning Post, Obama Unveils New ASEAN Economic Initiative at Sunnylands Summit, US seeking stronger trade ties with Asean, "HISTORICAL FICTION: China's South China Sea Claims", "Australia labels China's claims to South China Sea illegal", "Cambodia 'blocking' Asean sea dispute consensus", "Cambodia Wants China as Its Neighborhood Bully", "Timor-Leste: Australia Is Behaving Like China in Disputed Waters", India has abiding interest in stability of disputed region of South China Sea, "Minister echoes Indonesia's stance on South China Sea", "No, Indonesia's South China Sea Approach Has Not Changed – Jokowi's recent comments need to be put in perspective", "Indonesia 'speaks Chinese' in South China Sea", "Indonesia says could also take China to court over South China Sea", "South China Sea: Indonesia summons Chinese ambassador as fishing dispute escalates", "Indonesia vows to prosecute Chinese trawler crew in South China Sea dispute", "South China Sea: Indonesian leader visits Natuna Islands amid growing tensions", "Indonesia's statement on South China Sea dissatisfying: China's experts", "Indonesia deploys warships, jets amid China spat", "Laos backs China over South China Sea dispute, rejects Hague ruling", "Singapore suggests interim solution to South China Sea dispute", Coordinating the South China Sea Issue: Thailand's roles in the code of conduct development, "Speech at ASEAN Regional Forum in Hanoi, July 23, 2010", "China's Rise Is A Big Reason to Ratify the Law of the Sea Convention", "Written Testimony of Hillary Rodham Clinton, Secretary U.S. Department of State", "China, U.S. square off on South China Sea", "S.Res. Multiple claimants contend over issues of sovereignty not susceptible to easy legal resolution. The South China Sea territorial disputes has dominated proceedings at the conference in recent years. First, in this part, I will lay out the history of the disputes and highlight key events necessary to understanding the crises of the day. [120], 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. Worse, the stakes are high: the Sea is one of the primary routes for international trade, and many claimants believe that the Sea hides bountiful oil reserves in addition to its plentiful fishing stocks. Faced with this pushback, China withdrew the rig in mid-July, a month ahead of schedule. The Philippines was the first to move. It provides an overview of the South China Sea dispute and the 2016 arbitral tribunal ruling in a case the Philippines brought against China under the United Nations Convention on the Law of the Sea. In particular, China responded to the joint submission by submitting a map containing the infamous “nine-dash” line. Territorial claim involves China, Brunei, Malaysia, the Philippines, and Vietnam. "[132] 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. [32] The two states clashed near the Johnson Reef, and after the clash, China occupied the Johnson Reef.[31]. Balance of power in the Spratlys has greatly shifted since 2013, when the PRC started its island building activities in the region. After several meetings, the 6th ASEAN–China SOM on DOC was the first official consultation on the Code of Conduct (COC) was formed with all parties agreement to push forward the drafting of COC. As well, due to depletion of the fishing resources in their maritime areas, they were forced to fish in the neighbouring countries' areas. A look at recent developments in the South China Sea, where China is pitted against smaller neighbors in multiple territorial disputes over islands, … trilateral or quadrilateral ad hoc groupings). Hardcover $97.76 $ 97. Analysts believe it indicates divisions within the group on how to respond to China's maritime strategy. [126] At the July 2010 Association of Southeast Asian Nations Regional Forum meeting in Hanoi, Secretary of State Hillary Clinton gave a speech on resolving the disputes in the region without coercion and unequivocally stating that the South China Sea was a matter of U.S. national interest. The South China Sea Arbitration was conducted between the Republic of the Philippines and the People’s Republic of China by the Permanent Court of Arbitration (PCA), under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). China. The other claimants have condemned this latest project as counterproductive, and President Obama has urged China to stop “throwing elbows and pushing people out of the way” in pursuit of its interests. As readers can see in the map above, the islands of the South China Sea can largely be grouped into two island chains. [16] During World War II, the Empire of Japan used the islands in the South China Sea region for various military purposes and asserted that the islands were not claimed by anyone when the Imperial Japanese Navy took control of them. Although other claimants have reclaimed land in the past, China has reclaimed 2,000 acres of new land, more than “all other claimants combined over the history of their claims,” according to the U.S. Department of Defense. [2] 80 percent of China's energy imports and 39.5 percent of China's total trade passes through the South China Sea. These claimants also clash over their rights and duties in the nearby waters as well as the seabed underneath. In fact, at the end of World War II, no claimant occupied a single island in the entire South China Sea. No impartial tribunal has yet taken on that challenge. [115], Following the clashes, on 23 June 2016, Indonesian President Joko Widodo visited the Natuna islands on a warship to demonstrate Indonesia's authority. A recent visit to the area by President Joko Widodo displayed Indonesia's resolve to not overlook such incursions. Thai-China relationship was generally seen as positive. They see the South China Sea as an important source of U.S.-China strategic rivalry and even assert that conflict between the two countries over the South China Sea is inevitable. [69] In 2009 petroleum accounted for 14 percent of Vietnamese government income, down from 24 percent in 2004. all other claimants combined over the history of their claims, Civil Liberties and Constitutional Rights. "Following the spirit of the Declaration on the Conduct of Parties in the South China Sea (DOC), China and ASEAN countries actively advanced the consultations on the Code of Conduct (COC) in the South China Sea,"[40] with the forecast that the COC will be completed by 2021. [32] Mischief Reef marked the first time when the PRC had a military confrontation with the Philippines,[33] an ally of the United States. Only 20 left in stock - order soon. Most observers usually look at the South China Sea disputes with pessimistic eyes. Overlapping claims in the South China Sea threaten to turn the region into a flashpoint of global concern. Which States Support the 'Unwilling and Unable' Test? Thailand's neutral position enabled it to act as a mediator and influence discussions among parties involved.[124]. After the war, Imperial Japan had to relinquish control of the islands in the South Chin… Occupation was made in the middle of an energy resources race in the Spratlys, where China lacked a presence while the other countries were starting their oil exploration businesses. [94] He said the fleet build up was because of China which was also doing the same thing. [31] The PRC chose to built its observation post on the Fiery Cross Reef, which was isolated from the other islands in the region and was not occupied by any state at the time. This line snakes around the edges of the South China Sea and encompasses all of the Sea’s territorial features as well as the vast majority of its waters. Control of the South China Sea is the most contentious and explosive diplomatic issue in east Asia, with China asserting sovereignty over maritime areas that span 3.5m square kilometres but … China followed shortly thereafter with a carefully coordinated seaborne invasion of several islands. Published by the Lawfare Institute in Cooperation With, Lawfare Resources for Teachers and Students, Documents Related to the Mueller Investigation, Litigation Documents & Resources Related to the Travel Ban (Inactive), Litigation Documents & Resources Related to Trump Executive Order on Family Separations (Inactive), Litigation Documents Related to the Appointment of Matthew Whitaker as Acting Attorney General (Inactive), #RealNews on Trump et L'Affaire Russe: A Resource Page (Inactive). In September 2011, shortly after the PRC and Vietnam signed an agreement seeking to contain a dispute over the South China Sea, India's state-run explorer, Oil and Natural Gas Corporation (ONGC) said that its overseas investment arm, ONGC Videsh Limited, had signed a three-year agreement with PetroVietnam for developing long-term co-operation in the oil sector, and that it had accepted Vietnam's offer of exploration in certain specified blocks in the South China Sea. In 1974, the PRC got a non-involvement promise from the United States when it occupied the Yagong Island and the Crescent Group from the South Vietnam. [114] Indonesia insists that they have the right to prosecute the Chinese trawler crew, despite Beijing's demand to release their eight fishermen. Territorial Disputes: The South China Sea: Treaties and Agreements This Research Guide provides links to primary documents, reports, periodical articles, and books on disputes and state claims in the South China Sea. (5%). [87] On 19 March 2016, the China Coast Guard prevented the detention of Chinese fishermen by Indonesian authorities after Chinese fishermen were caught fishing near the waters around Natuna, leading to a protest by Indonesian authorities; the Chinese ambassador was subsequently summonsed as China had considered the areas to be "Chinese traditional fishing grounds". [47][48][49], In October 2011, the PRC's Global Times tabloid, published by the Communist Party People's Daily group, editorialised on South China Sea territorial disputes under the banner "Don't take peaceful approach for granted". Since most of the disputed area is under surface of water during high tides, the exact number of island… Since then, China has excluded Philippine boats from the Shoal’s waters. Once again, though, tensions deescalated for a few years, only to rise again in 1995, when Beijing built bunkers above Mischief Reef in the wake of a Philippine oil concession. The Philippine claims center around maritime law issues, although China asserts that they cannot be resolved without deciding territorial issues first. 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