China’s Presence in South China Sea

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    The Philippines has protested China’s continuing illegal presence and activities near an island in the South China Sea held by it.

    About

    • The South China Sea issue has been long prevailing between China and other countries surrounding the sea. 
    • The immediate tension could be pointed to the presence of Chinese boats in the areas which are claimed to be owned by the Philippines. This area comes under the latter’s 200 nautical mile Exclusive Economic Zone (EEZ) area.
    • Manila lodged the diplomatic protest over the incessant deployment, prolonged presence and illegal activities of Chinese maritime assets and fishing vessels in the vicinity of Thitu island.
    • China has built a mini-city with runways, hangars and surface-to-air-missiles in the Subi Reef about 25 km from Thitu.
    • Countries party to this dispute are: China, Brunei, Taiwan, the Philippines, Vietnam, Malaysia, Indonesia etc.

    History

    • In 1982, the UN Convention on Laws of the Sea was adopted and signed, formalising extended maritime resource claims in international law. 
    • At this time, no fewer than six governments had laid claim to the disputed Paracel and Spratly islands in the South China Sea.
    • By 2016, these reclamations had resulted in three military-grade, mid-ocean airfields that sent shockwaves around the world, provoked in part by China breaking its own pledge not to militarise the islands.
    • Contesting Claims Over Islands:
      • The Paracel Islands are claimed by China, Taiwan and Vietnam.
      • The Spratly Islands are claimed by China, Taiwan, Malaysia, Vietnam, Brunei and Philippines.
      • The Scarborough Shoal is claimed by the Philippines, China and Taiwan.
    • In a historic decision in 2016, an international tribunal in The Hague ruled against part of China’s claim to the sea in a case brought by the Philippines. China rejected the authority of the tribunal and its finding in the case. 
    • In its ruling, the tribunal considered the South China Sea to be a “semi-enclosed sea” as defined by the Law of the Sea Convention – a body of water tightly or largely contained by land features.

     

    (Image Courtesy: forbes.com )

     

    Significance of South China Sea

    • Natural Resources: The Sea is said to be a major source of natural resources for the different territories. It is a source of about 10 percent of the country’s fishery, which makes it an essential source of food for hundreds of people. This is also a major reason why people from different countries are claiming their rights over the sea.
    • Trade Route: The route passing through it, Malacca Strait is home to 55% of the trade. It is one of the busiest routes for trade. 

    Issues

    • China claims almost the entirety of the resource-rich sea, and was accused by the United States this week of efforts to “intimidate and provoke others” by parking its vessels near the Whitsun Reef.
    • China’s claim to the sea is based both on the Law of the Sea Convention and its so-called nine-dash line. This line extends for 2,000 Km from the Chinese mainland, encompassing over half of the sea.
    • Brunei, Malaysia, the Philippines, Taiwan and Vietnam also have competing claims to various islands and features in the area.
    • The US is playing a very important role in mending the dispute because it has wide-ranging security commitments in East Asia and is allied with several of the countries bordering the South China Sea, such as the Philippines, Singapore, and Vietnam. It is also impacting the US. 
    • There is a debate in international law about the type of land territory that can generate rights to an exclusive economic zone.
    • Taiwan, which has been in dispute with China over sovereignty issues since 1949. This dispute has meant Taiwan is not formally recognised as a state by most countries and is therefore not a signatory to the Law of the Sea Convention, nor legally entitled to claim territory. But Taiwan occupies one of the islands.
    • No code of conduct in the region poses more threats to the area.

    India’s Stand

    • India has a commercial interest in the South China Sea (SCS) region. But it follows the policy of not involving itself in the disputes between sovereign nations.
    • India has been concerned about the security of its trade flows and energy interests in the South China Sea. Vietnam has offered India seven oil blocks in its territory of the SCS- this move didn’t get down well with China. India has signed energy deals with Brunei too.
    • India being a member of the QUAD makes China susceptible to India’s stand because the grouping is considered, by the world, to be a type of containing mechanism for China. 

    Way Forward

    • It is essential to maintain and promote peace, stability and development in the area of South China Sea so that regional stability could be developed and respected by all. 
    • At the same time, bigger countries in the region should be mindful of the views of their smaller neighbours and mediate to find peaceful solutions.
    • The other countries should come forward as facilitators and should encourage the ASEAN group countries to sit down and negotiate the matter with the two non-ASEAN countries, i.e., China and Taiwan.

    Thitu island 

    • It is known as Pagasa island in the Philippines.
    • It is 451 kms from the mainland.
    • the biggest of the eight reefs, shoals and islands it occupies in the Spratly archipelago.

    United Nations Convention for the Law of the Sea (UNCLOS)

    • The UNCLOS is an international treaty which was adopted and signed in 1982
    • It replaced the four Geneva Conventions of April, 1958, which respectively concerned the territorial sea and the contiguous zone, the continental shelf, the high seas, fishing and conservation of living resources on the high seas.
    • The Convention has created three new institutions on the international scene:
      • the international Tribunal for Laws of the Sea
      • the International Seabed Authority
      • the Commission on the Limits of Continental Shelf

    Exclusive Economic Zone (EEZ)

    • Under the Law of the Sea Convention, all states have a right to 200 nautical mile Exclusive Economic Zone (EEZ) to exploit the resources of the sea and seabed, as measured from their land territories. Where these zones overlap, countries are obliged to negotiate with other claimants.

    Source: TH