LKIIRSS, June 23, 2014 South China Sea disputes and the Imbalance in Regional Cooperation by Athraja de Silva On May 2nd, 2014 the Chinese National Offshore Oil Cooperation‟s oil rig Haiyang Shiyou-981 (HS981) began drilling in disputed waters just off the coast of the Paracel Islands in the South China Sea. The drilling was met with outrage by both the Vietnamese government and its people who claim that the People‟s Republic of China is drilling in waters belonging to Vietnams Exclusive Economic Zone (EEZ). China responds stating the waters as belonging to them, and thus debate, protests and attacks ensued. The dispute regarding the division of the South China Sea has been a long one and can be understood in the context of the United Nations Convention on the Law of Seas (UNCLOS). According to UNCLOS the claim of maritime zones is made by using the coastal baselines by which a zone is measured.1 A coastal state can claim an EEZ by measuring 200 nautical miles from the baseline of its mainland coasts. Furthermore within the EEZ, as per the UNCLOS, the claimant coastal states have, „Sovereign rights for the purpose of exploring, exploiting, and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation 1 ‘United Nations Convention on the Law of the Sea’, United Nations Conference on the Law of Sea, opened for signature 10 December 1982, Part IV, p. 40 Visit our website: www.kadirgamarinstitute.lk 1 and exploration of the zone, such as the production of energy from the water, currents, and winds.2‟ As such the claimant states of the South China Sea have specified their maritime zone based on international law and have signed and ratified the convention, however China has seen fit to follow it in a different manner. China, unlike its neighbours, lays a historic claim to sovereignty over the four major groups of islands, namely the Spratlys, Paracels, Prata and the Macclesfield Bank, as well as almost 90% of the South China Sea within the „nine-dash‟ line.3 This line also consists of waters belonging to the other claimant nations. The claims on territory based on the „nine-dash‟ line have been the biggest source of controversy in discussions of the dispute. The „nine-dash‟ line came about in 1947 when China published an official map of the archipelago of the South China Sea, titled „Map on Location of Islands in the South China sea.‟4 This map used eleven interrupted dashes that took on a U-shape around most of the South China Sea. Two of the lines in the Gulf of Tonkin were removed and thus came to be the „ninedash‟ line. However the fact of the matter remains that this map is meant to indicate the islands and Source: China Daily Mail does not suggest a claim on the waters itself. Nevertheless it has been officially adopted and used by China in correspondence between themselves and the United Nations with the intention of justifying any claim over the land or sea. In notes verbale sent April 2011 China stated that 2 Ibid. Part IV, Article 56 p. 43 R. Beckman ‘The UN Convention on the Law of the Sea and the maritime disputes in the South China Sea’, American Journal of International Law, vol. 107, no. 1, 2013, p. 153 Available from AcademicOneFile (accessed 28 May 2014) 4 L. Jinming & L. Dexia The Dotted Line on the Chinese Map of the South China Sea: A Note 34 Ocean Dev. & Int’l L., 2003, cited in R. Beckman ‘The UN Convention on the Law of the Sea etc.’, 2013, p. 154 3 Visit our website: www.kadirgamarinstitute.lk 2 “China has indisputable sovereignty over the islands in the South China Sea and the adjacent waters, and enjoys sovereign rights and jurisdiction over the relevant waters as well as the seabed and subsoil thereof.”5 There have been many incidents prior to the oil drilling that have occurred between China and its regional partners as a result of this dispute. In May and June of 2011 Chinese vessels interfered with seismic surveys being carried out by Vietnam in their own EEZ.6 China also at one time objected the Philippines announcement that they are issuing new contracts for oil exploration in Reed Bank off the island of Palawan, an area within the Philippines EEZ.7 China meanwhile issued the recent oil concession blocks just inside the nine-dash line, very close to the Vietnamese coast and very far from any island claimed by China by which they could assert territorial waters.8 In the context of Western nations, in 2009 Chinese vessels harassed U.S. Navy surveillance ships the USNS Impeccable and the USNS Victorious.9 A Chinese submarine had also collided with a U.S. destroyer‟s towed sonar array in June 2009.10 The current dispute came to a head when Chinese vessels rammed and sank a Vietnamese fishing vessel close to the rig on May 26th.11 This evidenced the fact that China will not lay dormant and will take provocative steps to ensure their sovereignty over disputed territory. The Chinese social media sphere reacted in support of the sinking, thus portraying an even more widespread picture of the situation, as being not only a clash between governments but of its people.12 Source: Reuters What does this mean for regional cooperation? We are seeing a burgeoning partnership between Vietnam and Philippines who are working together against China in the current dispute. The varying ideologies of the two nations would not expect cooperation, but in the context of the current dispute, the diversity in beliefs were set aside. The meeting held between Vietnamese Prime Minister Nguyen Tan Dung and Philippine President Benigno Aquino 5 Note Verbales CML/8/2011 from the Permanent Mission of the People’s Republic of China to the UN SecretaryGeneral, 14 April 2011, 6 N. Heath, D. Kate, ‘Vietnam says Chinese Boat Harassed Survey Ship; China Disputes’, BloombergBusinessweek 09 June 2011 (accessed 02 June 2014). 7 C. Yap, D. Kate ‘Philippine South China Sea Oil Contracts ‘Within Territory’’, Bloomberg, 15 June 2011 (accessed 02 June 2014) 8 C. Thayer ‘China’s Oil Rig Gambit: South China Sea Game-Changer?’ The Diplomat, 12 May 2014 (accessed 29 May 2014) 9 B. Glaser ‘Armed Clash in the South China Sea’, Council on Foreign Relations, CFR Press, April 2012 (accessed 02 June 2014) 10 Ibid. 11 J. Perlez. ‘China and Vietnam Point Fingers after Clash in South China Sea’, The New York Times, 27 May 2014 (accessed 28 May 2014) 12 D. Tatlow, ‘Wide Support on Chinese Social Media for Boat Attack’, The New York Times, 27 May 2014 (accessed 28 May 2014) Visit our website: www.kadirgamarinstitute.lk 3 on May 21st, attests to the growing collaboration between the countries.13 The manner in which the two countries previously approached the South China Sea issue is also an indication of the difference in ideology. The Philippines filed an arbitration case against China before a Special United Nations (UN) Arbitral Tribunal in The Hague. Vietnam, on the other hand, preferred to pursue a more low-key bilateral diplomatic path. However with the recent set up of the oil rig, the two paths have come to a confluence. The discussion is still in development. As unexpected cooperation between some South East Asian nations grow, China‟s reaction has been diplomatic. President Xi Jinping was quoted, during a meeting with the Prime Minister of Malaysia, as saying „We will never stir up trouble, but will react in the necessary way to the provocations of the countries involved.‟14 As such, the response to the arbitration case by the Philippines was met with a rejection by China. Foreign Ministry Spokesman Hong Lei said that „China‟s position that it will not accept or participate in the tribunal case involving the Philippines hasn‟t changed.‟15 According to a paper presented to UN Secretary-General Ban Ki Moon by China‟s Ministry of Foreign Affairs, Vietnam and China have not yet conducted delimitation of the EEZ and continental shelf in the South China Sea. China also further emphasized that no matter what principle is applied in the delimitation, the waters in which the oil rig is set up will never belong to Vietnam‟s EEZ, citing a historical claim of the Paracels (Xisha) islands which would entitle China to the archipelagos continental shelf. China went on to say that they seek good relations with Vietnam, and that the channel for communication between the two countries is open.16 The economies of the nations involved in the dispute are tied to that of China. As such the filing of the arbitration case by the Philippines has already caused a strain in their relationship. If Vietnam decides to pursue a similar vein to resolve the current predicament, it could lead to a burden on their economy. On one side there is a flourishing in regional cooperation between unexpected players, while on the other an economic giant in Asia is asserting a territorial claim that is straining relationships with their neighbours. Diplomatic measures in order to resolve the current tensions are yet to be produced. 13 R. Heydarian ‘Philippines and Vietnam in the South China Sea: A Burgeoning Alliance’, The Huffington Post, 26 May 2014 (accessed 29 May 2014) 14 J. Rutwich, ‘Xi says China won’t stir up trouble in South China Sea’, Reuters, 31 May 2014 (accessed 02 June 2014) 15 A. Soo, ‘China Refuses to Defend its South China Sea Claims to UN Court’, Bloomberg News, 4 June 2014 (accessed 6 June 2014) 16 ‘The Operation of the HYSY 981 Drilling Rig: Vietnam’s Provocation and China’s Position,’ Ministry of Foreign Affairs of the People’s Republic of China, 08 June 2014 (accessed 16 June 2014) Visit our website: www.kadirgamarinstitute.lk 4 Bibliography Beckman, Robert, „The UN Convention on the Law of the Sea and the maritime disputes in the South China Sea‟, American Journal of International Law, vol. 107, no. 1, 2013, p. 142-163 Glaser, Bonnie, Armed Clash in the South China Sea, Council on Foreign Relations, Contingency Planning Memorandum No. 14, April 2012, retrieved 02 June 2014, http://www.cfr.org/world/armed-clash-south-china-sea/p27883 Heath, Nicholas & Kate, Daniel Ten, Vietnam Says Chinese Boat Harassed Survey Ship; China Disputes, BloombergBusinessweek, 09 June 2011, retrieved 02 June 2014 http://www.businessweek.com/news/2011-06-09/vietnam-says-chinese-boat-harassed-surveyship-china-disputes.html Heydarian, Richard Javad, Philippines and Vietnam in the South China Sea: A Burgeoning Alliance? The Huffington Post, 26 May 2014, retrieved 28 May 2014, http://www.huffingtonpost.com/richard-javad-heydarian/philippines-and-vietnami_b_5392321.html Notes verbale CML/8/2011 from the Permanent Mission of the People‟s Republic of China to the UN Secretary General, 14 April 2011 Perlez, Jane, China and Vietnam Point Fingers After Clash in South China Sea, The New York Times, 27 May 2014, retrieved 28 May 2014, http://www.nytimes.com/2014/05/28/world/asia/vietnam.html?_r=1 Rutwich, John, Xi says China won’t stir trouble in South China Sea, Reuters, 31 May 2014, retrieved 06 June 2014 http://www.reuters.com/article/2014/05/31/us-china-malaysiasouthchinasea-idUSKBN0EB05B20140531 Soo, Aipeng, China Refuses to Defend its South China Sea Claims to UN Court, Bloomberg News, 4 June 201, retrieved 6 June 2014 http://www.bloomberg.com/news/2014-06-04/chinarefuses-to-defend-its-south-china-sea-claims-to-un-court.html Tatlow, Didi Kirsten, Wide Support on Chinese Social Media for Boat Attacks, Sinosphere, The New York Times, 27 May 2014, retrieved 28 May 2014, http://sinosphere.blogs.nytimes.com/2014/05/27/wide-support-on-chinese-social-media-for-boatattack/ Thayer, Carl, China’s Oil Rig Gambit: South China Sea Game-changer?, The Diplomat, 12 May 2014, retrieved 03 June 2014, http://thediplomat.com/2014/05/chinas-oil-rig-gambit-south-chinasea-game-changer/ The Operation of the HYSY 981 Drilling Rig: Vietnam’s Provocation and China’s Position, Ministry of Foreign Affairs of the People‟s Republic of China, 8 June 2014 United Nations Convention on the Law of the Sea, United Nations Conference on the Law of Sea, Montego Bay: Jamaica, 10 December 1982, p. 7-208 Visit our website: www.kadirgamarinstitute.lk 5 Yap, Cecilia & Kate, Daniel Ten, Philippine South China Sea Oil Contracts ‘Within’ Territory, Bloomberg, 15 June 2011, retrieved 02 June 2014, http://www.bloomberg.com/news/2011-0614/philippine-oil-contracts-in-south-china-sea-within-territory.html Athraja de Silva is a Research Assistant at the Lakshman Kadirgamar Institute for International Relations and Strategic Studies (LKIIRSS). She is an Honours student reading for her B.A. in Economics, Global Studies and Geography at Hofstra University, New York. Her areas of interest include economic policy, travel, and the tourism industry. Visit our website: www.kadirgamarinstitute.lk 6
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