South China Sea disputes and the Imbalance in Regional Cooperation

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
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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
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“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)
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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)
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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
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http://www.cfr.org/world/armed-clash-south-china-sea/p27883
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UN Secretary General, 14 April 2011
Perlez, Jane, China and Vietnam Point Fingers After Clash in South China Sea, The New York
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27
May
2014,
retrieved
28
May
2014,
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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
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Tatlow, Didi Kirsten, Wide Support on Chinese Social Media for Boat Attacks, Sinosphere, The
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retrieved
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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/
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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
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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.
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