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Territorial disputes in the South China Sea

January 01, 1970

Territorial disputes in the South China Sea involve conflicting island and maritime claims in the South China Sea by several sovereign states, namely the People's Republic of China (PRC), Taiwan (Republic of China/ROC), Brunei, Malaysia, the Philippines, and Vietnam. The disputes involve the islands, reefs, banks, and other features of the region, including the Spratly Islands, Paracel Islands, Scarborough Shoal, and various boundaries in the Gulf of Tonkin. The waters near the Indonesian Natuna Islands, which some regard as geographically part of the South China Sea, are disputed as well. Maritime disputes also extend beyond the South China Sea, as in the case of the Senkaku Islands and the Socotra Rock, which lie in the East China Sea.[1]

Map of various countries' presence in the Spratly Islands as of 2015

An estimated US$3.37 trillion worth of global trade passes through the South China Sea annually,[2] which accounts for a third of the global maritime trade.[3] 80 percent of China's energy imports and 39.5 percent of China's total trade passes through the South China Sea.[2] Claimant states are interested in retaining or acquiring the rights to fishing stocks, 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. Maritime security is also an issue, as the ongoing disputes present challenges for shipping.[4]

In 1932, France formally claimed both the Paracel and Spratly Islands.[5] China and Japan both protested. On 6 April 1933, France occupied the Spratlys, announced their annexation, and formally included them in French Indochina.[6][7]

In 1947, the Republic of China, the government of then China, announced the majority of the South China Sea was its territory. In 1949, the incoming government of China, which overthrew the Republic of China in the Chinese Civil War, announced that it had inherited this claim.[citation needed]

In 2013, the PRC began island building in the Spratly Islands and the Paracel Islands region.[8] During a Senate hearing in May 2015, then US Assistant Secretary of Defence, David Shear reported that in the Spratly Islands, Vietnam had established 48 outposts, the Philippines had eight, China had eight, Malaysia had five, and Taiwan had one. Shear also noted that from 2009 to 2014, Vietnam was the most active claimant in terms of both upgrading outposts and reclaiming land, with approximately 60 acres reclaimed.[9][10] According to Reuters, island building in the South China Sea, primarily by Vietnam and the Philippines, had been going on for decades on a small scale. And Vietnam, Taiwan, and the Philippines have all deployed military forces on some of their islands, but Vietnam has not stationed any troops on its floating artificial islands. While China had been late to the island-building game, its efforts had been on an unprecedented scale; from 2014 to 2016, it had constructed more new island surface than all other nations have constructed throughout history and (unlike the other claimants) had placed military equipment, at least for a brief period, on one of its artificial islands by 2016.[11] Also, a 2019 report from VOA that compared China and Vietnam's island building campaign in the South China Sea stated that the reason why Vietnam (compared to China) had been subject to little international criticism or support was because of the slower speed and widely perceived defensive nature of its island-building project.[12]

China's actions in the South China Sea have been described as part of its "salami slicing"/"cabbage wrapping" strategies.[13][14] Since 2015, the United States and other states such as France and the United Kingdom have conducted freedom of navigation operations (FONOP) in the region.[15] 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 the South China Sea Arbitration.[16] The tribunal did not rule on the ownership of the islands or delimit maritime boundaries.[17][18] Both the People's Republic of China and Taiwan stated that they did not recognize the tribunal and insisted that the matter should be resolved through bilateral negotiations with other claimants.[19] In January 2022, the United States Department of State called China's claims in the South China Sea "unlawful."[20]

Disputes in the South China Sea region edit

Summary of disputes
Area of dispute
Brunei
China
Indonesia
Malaysia
Philippines
Taiwan
Vietnam
The nine-dash line ✔ ✔ ✔ ✔ ✔ ✔ ✔
Vietnamese coast ✔ ✔ ✔
Sea area north of Borneo ✔ ✔ ✔ ✔ ✔
South China Sea islands ✔ ✔ ✔ ✔ ✔
Sea area north of the Natuna Islands ✔ ✔ ✔
Sea area west of Palawan and Luzon ✔ ✔ ✔
Sabah area ✔ ✔ ✔
Luzon Strait ✔ ✔ ✔
Taiwan and China ✔ ✔

The disputes involve both maritime boundaries and islands.[21] There are several disputes, each of which involves a different collection of countries:

  1. The nine-dash line area claimed by the Republic of China (1912–1949), later the People's Republic of China (PRC), which covers most of the South China Sea and overlaps with the exclusive economic zone claims of Brunei, Indonesia, Malaysia, the Philippines, Taiwan, and Vietnam.
  2. Maritime boundary along the Vietnamese coast between the PRC, Taiwan, and Vietnam.
  3. Maritime boundary north of Borneo between the PRC, Malaysia, Brunei, Philippines, and Taiwan.
  4. Islands, reefs, banks and shoals in the South China Sea, including the Paracel Islands, Pratas Island and the Vereker Banks, Macclesfield Bank, Scarborough Shoal and the Spratly Islands between the PRC, Taiwan, and Vietnam, and parts of the area also contested by Malaysia and the Philippines.
  5. Maritime boundary in waters north of the Natuna Islands between the PRC, Indonesia, Taiwan[22] and Vietnam.[23]
  6. Maritime boundary off the coast of Palawan and Luzon between the PRC, the Philippines, and Taiwan.
  7. Maritime boundary, land territory, and the islands of Sabah, including Ambalat, between Indonesia, Malaysia, and the Philippines.
  8. Maritime boundary and islands in the Luzon Strait between the PRC, the Philippines, and Taiwan.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Location of the major islands/islets in the Spratly Islands

Legend:
  Brunei   1：Louisa Reef
  Malaysia   1：Swallow Reef   2：Ardasier Reef   3：Dallas Reef   4：Erica Reef   5：Investigator Shoal   6：Mariveles Reef
  People's Republic of China   1：Yongshu   2：Meiji   3：Zhubi   4：Huayang   5：Nanxun   6：Chigua   7：Dongmen
  Philippines   1：Flat Island   2：Lankiam Cay   3：Loaita Cay   4：Loaita Island   5：Nanshan Island   6：Northeast Cay   7：Thitu Island
  8：West York Island   9：Commodore Reef   10：Irving Reef   11：Second Thomas Shoal
  Republic of China   1：Taiping   2：Zhongzhou

  Vietnam   1：Southwest Cay   2：Sand Cay   3：Namyit Island   4：Sin Cowe Island   5：Spratly Island   6：Amboyna Cay   7：Grierson Reef
  8：Central London Reef   9：Pearson Reef   10：Barque Canada Reef   11：West London Reef   12：Ladd Reef   13：Discovery Great Reef
  14：Pigeon Reef   15：East London Reef   16：Alison Reef   17：Cornwallis South Reef   18：Petley Reef   19：South Reef
  20：Collins Reef   21：Lansdowne Reef   22：Bombay Castle   23：Prince of Wales Bank [zh]   24：Vanguard Bank [zh]   25：Prince Consort Bank [zh]
  26：Grainger Bank [zh]   27：Alexandra Bank [zh]   28：Orleana Shoal [zh]   29：Kingston Shoal [zh]

History edit

For a chronological guide, see Timeline of the South China Sea dispute.

A document kept in the French archive dated April 10, 1768 titled "Note sur l'Asedemandés pas M. de la bonde à M. d'Etaing" said that at that time the Vietnamese navy was patrolling. regular patrol between the coast of Vietnam and the Hoang Sa archipelago. Admiral d'Estaing described the Vietnamese defenses as having many cannons, most of them bearing the Portuguese insignia, dated 1661, and smaller guns bearing the insignia of Cambodia and the inscription "British" India company" Authors Le Poivre (1740), J Chaigneau (1816–1819), Taberd (1833), and Gutzlagip (1840) also asserted that Hoang Sa belonged to Vietnam. Even Chinese authors have written books before saying that the Paracels and Spratlys belong to Vietnam. Monk Thich Dai San, in his 1696 book, Overseas, confirmed that the Nguyen lords annually let boats exploit products from shipwrecks in the Van Ly Truong Sa area (i.e. Hoang Sa of Vietnam). The Chinese document "The Fall of the South Sea and the islands of historical records" edited by Han Chan Hoa, page 115 of the first chapter, also records traces on Vinh Hung Island (Phu Lam) in the Paracels where there is a temple called the temple.[citation needed]

In 1932, France formally claimed both the Paracel and Spratly Islands. China and Japan both protested. On 6 April 1933, France occupied the Spratlys, announced their annexation, formally included them in French Indochina, and built a couple of weather stations on them.[24]

 
South-east facing aerial view of PRC-settled Woody Island. The island is also claimed by Taiwan and Vietnam.

By May 1939, the Japanese had laid claim and occupied the Paracel and Spratly Islands.[25] During World War II, the Empire of Japan used the islands in the South China Sea for various military purposes and asserted that the islands were not claimed by anyone when the Imperial Japanese Navy took control of them.[26][27] Historical accounts note that at least France had controlled some of the features in the region during the 1930s.[28] In August 1951, Zhou Enlai, then the PRC's Foreign Minister, responding to the draft of the Treaty of San Francisco, outlined Beijing's position on the South China Sea as follows:[29]: 389–390 

In fact, the Paracel Archipelago and Spratly Island, as well as the whole Spratly Archipelago ... have always been Chinese territory. Though occupied for some time during the war of aggression unleashed by Japanese imperialism, they were taken over by the then Chinese government following Japan's surrender. The Central People's Government of the People's Republic of China declares herewith: This inviolable sovereignty of the People's Republic of China over Spratly Island and the Paracel Archipelago will by no means be impaired, irrespective of whether the American-British draft for a peace treaty with Japan should make any stipulations and of the nature of any such stipulations.

Japan relinquished control of the islands in the South China Sea with the signing of the Treaty of San Francisco on 9 September 1951. The treaty, however, did not specify the new status of the islands.[30] The People's Republic of China made various claims to the islands during the 1951 treaty negotiations and the 1958 First Taiwan Strait Crisis.[31]

Chinese claims in the South China sea are delineated in part by the nine-dash line. 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. When the Chinese Communist Party took over mainland China and formed the People's Republic of China in 1949, the line was adopted and revised to nine dashes/dots, as endorsed by Zhou Enlai.[32] China's 1958 declaration described China's claims in the South China Sea islands based on the nine-dotted line map.[33] The legacy of the nine-dash line is viewed by some PRC government officials, and by the PRC military.[34]

The Geneva Accords of 1954,[35] 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.[36]

In 1974, when a North Vietnamese victory in the Vietnam War began to seem probable, the PRC used military force in the Paracel Islands and took Yagong Island and the Crescent group of reefs from South Vietnam.[28][37] The government of the PRC wanted to prevent the Paracel islands from falling under the control of North Vietnam, which at the time was an ally of the Soviet Union. After not resisting during the initial Vietnamese attack, the PRC launched what they regarded as a "counterattack in self-defense".[37] The United States, in the middle of détente with the PRC, gave a non-involvement promise to the PRC, which enabled the People's Liberation Army Navy to take control of the South Vietnamese islands.[38]

In the later half of 1970s, the Philippines and Malaysia began referring to the Spratly Islands as being included in their own territory.[39] On 11 June 1978, President Ferdinand Marcos of the Philippines issued Presidential Decree No. 1596, declaring the north-western part of the Spratly Islands (referred to therein as the Kalayaan Island Group) as Philippine territory.[39]

In 1988, the PRC and Vietnam fought each other near the Johnson Reef.[38] The PRC had obtained a permit from the Intergovernmental Oceanographic Commission to build five observation posts for the conduction of ocean surveys, and one of the permitted observation posts was allowed to be located in the Spratly islands region.[40] The PRC chose to build 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. When it started to build the observation post in the terra nullius Fiery Cross Reef, Vietnam sent its navy to the area to monitor the situation.[41] The two states clashed near the Johnson Reef, and after the clash, China occupied the Johnson Reef.[40]

 
Fiery Cross Reef being transformed by the PRC in May 2015

In 1994, the PRC occupied Mischief Reef, located some 250 miles from the Philippine coast. 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.[41] Mischief Reef marked the first time the PRC had a military confrontation with the Philippines,[42] an ally of the United States.

The occupation and/or control of most parts of the Spratly and Paracel islands did not change significantly from the 90s to the 2000s. To this day, the PRC controls all of the islanda in the Paracels. In the Spratlys, Vietnam controls the most islands with 29 in total, while the Philippines has control of eight islands, Malaysia with 5, the PRC with 5, and the ROC with 1.[8]

However, in 2011, tensions started to increase again in the territory. In February, the Chinese frigate Donguan fired three shots at Philippine fishing boats near Jackson atoll.[43] In May, the Vietnamese Binh Minh 02 oil and gas survey ship clashed with three Chinese maritime patrol vessels some 600 km south of China's Hainan island.[44]

Beginning in 2012, the islands became more increasingly militarized. The ROC started the construction of an antenna tower and runway on the Taiping island in February, allowing the island to accommodate various military aircraft.[45] On the Vietnam occupied Sand Cay and West Reef islands, upgrades and land reclamation projects were also started at this time.[46] In April, the PRC took the Scarborough Shoal as a response to the Philippine navy's actions of stopping Chinese fishing boats in the area.[47][48]

In September 2018, a South Korean navy destroyer traveled into what China saw as its territorial waters. A South Korean government official said the navy destroyer was taking refuge from a typhoon and not challenging maritime claims, but he declined to comment on whether Seoul believed the disputed waters belonged to China. A Chinese Defense Ministry spokesman said the ship broke Chinese law by entering its 12-nautical-mile-wide territorial sea around the Paracel Islands without seeking prior permission, but said Beijing accepted South Korea's explanation.[49]

On 22 December 2020, the PRC claimed that the guided missile destroyer John S McCain had been "expelled" after it “trespassed” into Chinese territorial waters close to the Spratly Islands.[50] However this claim has been disputed by the US Navy.[51]

In March 2021, 220 Chinese fishing boats were seen moored around Whitsun Reef in the Spratly Islands, a reef claimed by the Philippines as part of its exclusive economic zone. Philippines Defense Minister Delfin Lorenzana accused China of "provocative action of militarizing the area".[52]

2011 agreement edit

On 20 July 2011, the PRC, Brunei, Malaysia, the Philippines, Taiwan and Vietnam agreed a set of preliminary guidelines on the implementation of the DOC (Declaration of Conduct of Parties in the South China Sea) which would help resolve disputes.[53] This set of guidelines is based on an earlier agreement, also called DOC, from 2002, between China and the ASEAN Member States.[54]

The agreement was described by the PRC's assistant foreign minister, Liu Zhenmin, as "an important milestone document for cooperation among China and ASEAN countries".[53] Some of the early drafts acknowledged aspects such as "marine environmental protection, scientific research, safety of navigation and communication, search and rescue and combating transnational crime", although the issue of oil and natural gas drilling remains unresolved. "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,"[55] with the forecast that the COC will be completed by 2021.[56]

Chinese objection to Indian military presence and oil exploration edit

Further information: Look East policy (India)

On 22 July 2011, the INS Airavat, an Indian amphibious assault vessel on a friendly visit to Vietnam, was reportedly contacted 45 nautical miles from the Vietnamese coast in the disputed South China Sea by a party identifying itself as the PLA Navy and stating that the ship was entering PRC waters.[57][58] A spokesperson for the Indian Navy explained that as no ship or aircraft was visible, the INS Airavat proceeded on her onward journey as scheduled. The Indian Navy further clarified that "[t]here was no confrontation involving the INS Airavat. India supports freedom of navigation in international waters, including in the South China Sea, and the right of passage in accordance with accepted principles of international law. These principles should be respected by all."[57]

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. However, this agreement between India and Vietnam has provoked attacks from the PRC[59] In response, PRC Foreign Ministry spokesperson Jiang Yu, without referring to India by name, stated:

"As for oil and gas exploration activities, our consistent position is that we are opposed to any country engaging in oil and gas exploration and development activities in waters under China's jurisdiction. We hope the foreign countries do not get involved in South China Sea dispute."[60][61]

An Indian foreign ministry spokesman responded, "The Chinese had concerns, but we are going by what the Vietnamese authorities have told us and we have conveyed this to the Chinese."[60] The Indo-Vietnamese deal was also denounced by the Chinese state-run newspaper Global Times.[59][61]

Chinese policy on the South China Sea edit

In spring 2010, PRC officials reportedly communicated to US officials that the South China Sea was "an area of 'core interest' that is as non-negotiable" and on par with Taiwan and Tibet on the national agenda. However, Beijing appeared to have backed away from that assertion in 2011.[62][63][64]

In October 2011, the PRC's Global Times tabloid editorialised on the South China Sea territorial disputes under the banner "Don't take peaceful approach for granted". The article referenced incidents earlier that year involving the Philippines and South Korea detaining PRC fishing boats in the region. "If these countries don't want to change their ways with China, they will need to prepare for the sounds of cannons. We need to be ready for that, as it may be the only way for the disputes in the sea to be resolved."[65] Responding to questions about whether this reflected official policy, a Chinese Foreign Ministry spokeswoman stated the country's commitment "to resolving the maritime dispute through peaceful means."[66]

In July 2014, Professor Alan Dupont of the University of New South Wales was reported as saying that the Chinese government appeared to be directing its fishing fleet into disputed waters as a matter of policy.[67]

From 2013 to the beginning of 2018, China carried out land reclamation in the South China Sea. The construction of the islands has been completed. The three island airports of Meiji Reef, Zhubi Reef, and Yongshu Reef have been completed.[68][69]

In August 2019, China's paramount leader Xi Jinping told Philippine President Rodrigo Duterte that China would not recognise or abide by the arbitration decision. China rejects the arbitration proceedings as illegitimate because China excluded itself from compulsory arbitration in its ratification of the 2006 United Nations Convention on the Laws of the Seas (UNCLOS).[70] Xi made his comments during a visit by Duterte to Beijing, with discussions between the two leaders.[71] This stance by Beijing is in line with the July 2019 publishing of a Chinese White Paper, "China's National Defense in the New Era," which details China's armed strength and repeatedly mentions deployment in the South China Sea.[72] On 22 September 2020, in a recorded speech at the opening of the 75th session of the UN General Assembly, the Philippine President, Rodrigo Duterte reaffirmed the Hague ruling rejecting most of China's claims to disputed waters, and said "The award is now part of international law, beyond compromise and beyond the reach of passing governments to dilute, diminish, or abandon."[73]

Oil and gas development edit

The area is said to be rich in oil and natural gas deposits; however, the estimates are highly varied. The Chinese Ministry of Geological Resources and Mining estimated that the South China Sea may contain 17.7 billion barrels of crude oil,[74] compared to the oil rich country of Kuwait which has 13 billion barrels. In the years following the announcement by the PRC ministry, the claims regarding the South China Sea islands intensified. However, other sources claim that the proven reserves of oil in the South China Sea may only be 7.5 billion barrels, or about 1.1 billion barrels.[75] According to the US Energy Information Administration (EIA)'s profile of the South China Sea region, a US Geological Survey estimate puts the region's discovered and undiscovered oil reserves at 11 billion barrels, as opposed to a PRC figure of 125 billion barrels.[76] The same EIA report also points to the wide variety of natural gas resource estimations, ranging from 190 trillion cubic feet to 500 trillion cubic feet, likely located in the contested Reed Bank".[76]

The state-owned China Offshore Exploration Corp. planned to spend 200 billion RMB (US$30 billion) in the next 20 years to exploit oil in the region, with the estimated production of 25 million metric tons of crude oil and natural gas per annum, at a depth of 2000 meters within the next five years.[77]

Competing claims in the oil and gas-rich South China Sea have stifled the development and exploitation of these resources. To break from this, the Philippines and China agreed to a Memorandum of Understanding (MoU) on Cooperation on Oil and Gas Development in November 2018, where joint-use of, and not ownership over assets underlies the agreement. In the past, aggressive Chinese naval patrols deterred Manila from exploring gas deposits in disputed waters, like the Reed Bank, such that this type of agreement may allow for the claimant states to jointly develop the natural gas in the offshore area. The mechanism of joint agreements is not new, with Malaysia and Vietnam having forged a similar mechanism in 1992, while Malaysia and Thailand reached understandings in 1979 and 1990 over the development of gas-rich disputed waters.[78]

Philippines edit

The Philippines began exploring the areas west of Palawan for oil in 1970. Exploration in the area began in Reed Bank/Tablemount.[79] In 1976, gas was discovered following the drilling of a well.[80] However, the PRC's complaints halted the exploration.[citation needed] On 27 March 1984, the first Philippine oil company discovered an oil field off Palawan, which is an island province bordering the South China Sea and the Sulu Sea.[81] These oil fields supply 15% of annual oil consumption in the Philippines.[82]

Vietnam edit

Vietnam and Japan reached an agreement early in 1978 on the development of oil in the South China Sea.[citation needed] By 2012 Vietnam had concluded some 60 oil and gas exploration and production contracts with various foreign companies.[83] In 1986, the "White Tiger" oil field in the South China Sea came into operation, producing over 2,000 tons of crude oil per year, followed by "The Bear" and "Dragon" oil fields.[84] Offshore exploration activities in 2011 increased Vietnam's proven oil reserves to be the third largest in the Asia-Pacific region.[85] However, the country is a net importer of oil products.[86] In 2009 petroleum accounted for 14 percent of Vietnamese government income, down from 24 percent in 2004.[87]

In 2017, after Chinese pressure, the Vietnamese government ordered Spain's Repsol to stop drilling in the disputed area.[88][89] A joint-venture of Japanese Inpex and Petrovietnam planned to start drilling in the disputed area in 2021.[90]

China edit

China's first independently designed and constructed oil drilling platform in the South China Sea is the Ocean Oil 981 (海洋石油981). The major shareholders are J.P. Morgan Chase & Co. (19%), Commonwealth Bank of Australia (14%), T. Rowe Price Associates, Inc. and affiliates (6%), and BlackRock, Inc. (5%).[91] It began operation on 9 May 2012 in the South China Sea, 320 kilometres (200 mi) southeast of Hong Kong, at a depth of 1,500 m and employing 160 people.[92] On 2 May 2014 the platform was moved near to the Paracel Islands,[93] a move Vietnam stated violated their territorial claims.[94] Chinese officials said it was legal, stating the area lies in waters surrounding the Paracel Islands which China occupies and militarily controls.[95]

Incidents involving fishermen edit

Prior to the territorial disputes, fishermen from involved countries tended to enter each other's controlled islands and Exclusive Economic Zones (EEZ) leading to conflicts with the authorities that controlled the areas as they were unaware of the exact borders. As well, due to depletion of the fishing resources in their maritime areas, they were forced to fish in the neighbouring countries' areas.[96][97][98]

In 2006 the captain of a Taiwanese fishing boat was shot dead and a crewman wounded when their boat was reportedly attacked by pirates wearing military uniforms. Philippine authorities assured the Taiwan Ministry of Foreign Affairs that no Filipino naval or coast guard personnel were involved in the incident.[99]

A Taiwanese fisherman was machine gunned to death by the coast guard of the Philippines in May 2013.[100][101]

In the spring of 2014, China and Vietnam clashed again over China's Haiyang Shiyou oil rig in Vietnam's EEZ. The incident left seventeen Vietnamese[clarification needed] injured and damaged ships of both countries.[102]

Although Indonesia is not part of claims in the South China Sea dispute, after Joko Widodo became President of the country in 2014, he instituted a policy in 2015 that, if any foreign fishermen were caught illegally fishing in Indonesian waters, their vessels would be destroyed. The president wanted to make maritime resources, especially fisheries, a key component of his administration's economic policy.[103][104] Since the policy's initiation, fishing vessels drawing from many neighbouring countries were destroyed by Indonesian authorities. On 21 May 2015, around 41 fishing vessels from China, Vietnam, Thailand and the Philippines were destroyed.[105] 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".[106][107] Further Indonesian campaigns against foreign fishermen resulted in the destruction of 23 fishing boats from Malaysia and Vietnam on 5 April 2016.[108]

Out of the 556 ships Indonesia had destroyed from October 2014 to 2019 for violating rules, 312 of them were from Vietnam, 91 were from the Philippines, 87 were from Malaysia, 26 were local, and 3 were from China.[109] According to a 2023 Tempo report, Thai vessels also often illegally fished in Indonesian waters.[110] The areas in the South China Sea had also become known for Indonesian pirates, with frequent attacks on Malaysian, Singaporean and Vietnamese vessels as well as leading to hijacking such as the MT Orkim Harmony and MT Zafirah hijacking incidents. The continuing war against foreign fishermen by Indonesia led to protests by Vietnam in late 2016, when a Vietnamese fisherman was killed after being shot by Indonesian authorities.[97][98] Attacks have also come from Filipino and Moro pirates arriving from the Sulu Sea; a Vietnamese fisherman was killed by Filipino pirates in late 2015.[111]

In 2017, two Vietnamese fishermen died from gunshot wounds from a pursuing Philippine Navy patrol boat about 40 miles off the city of Bolinao, Pangasinan. A police report said that the boats had collided after the navy had fired warning shots; the Philippine government Philippine government said on Monday that it had promised Vietnam a “fair and thorough” investigation.[112]

On 8 May 2019, Vietnam's ambassador to Malaysia was summoned to the Malaysian Ministry of Foreign Affairs to explain on the high number of encroachments by Vietnamese vessels into the country's waters.[113] Three months later, Mahathir Mohamad who was Prime Minister at the time also raised the issue with his Vietnamese counterpart.[114] According to the Malaysia Maritime Enforcement Agency, most illegal fishing incidents in Malaysian waters have come from Vietnamese vessels, followed by Thai ones.[115][116]

Teodoro Locsin Jr., the Filipino Secretary of Foreign Affairs, said the Philippines was building a maritime fleet that could swarm areas in the South China Sea. He said the fleet build up was because of China which was also doing the same thing.[117] He also said if one of the vessels got hit, the Filipino defense treaty with the United States would also be activated.[117]

As part of a group of cooperation agreements announced in December 2023, the China and Vietnam announced joint patrols in the Gulf of Tonkin and a hotline to handle South China Sea fishing incidents.[118]

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.[119][120][121] The Council for Security Cooperation in the Asia Pacific is the "Track Two" forum for dialogue on security issues.[122][123]

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.[124][125]

Non-claimant views edit

Third-party analysis edit

The vast majority of international legal experts have concluded that China's claims based on legal and historical evidence are invalid.[126]

Japanese scholar Taoka Shunji said in a journal article that when it came to China's advance in the South China Sea and the Spratly Islands, the assumption amongst many Japanese people that the territory of the Philippines was being invaded was incorrect. 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. It has been argued that the U.S. acquired prior Spanish claim to the islands by the 1900 Treaty of Washington.[127] However, when the Japanese-ruled Taiwan itself had annexed the Spratly islands in 1938, the US -ruled Philippines did not challenge the move and 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 control 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.[128]

According to China analyst Isaac B. Kardon in China's Law of the Sea: The New Rules of Maritime Order, the Chinese government sees itself as fundamentally above the law and beyond accountability to others, especially smaller states.[129][130]

UNCLOS tribunal edit

In July 2016, the Permanent Court of Arbitration (PCA), an internationally agreed arbitration tribunal sitting in the Hague and constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS), ruled comprehensively against the People's Republic of China's South China Sea maritime claims in the arbitration.[16] This tribunal did not rule on the ownership of the islands[131] or delimit maritime boundaries.[17][18]

However, both mainland China and Taiwan stated that they did not recognize the tribunal and insisted that the matter should be resolved through bilateral negotiations with other claimants.[19] On 17 September 2020, France, Germany, and the United Kingdom issued a joint note verbale recognizing the PCA ruling and challenging China's claims.[132]

In response to the ruling, Graham Allison stated, "None of the five permanent members of the UN Security Council have ever accepted any international court's ruling when (in their view) it infringed their sovereignty or national security interests. Thus, when China rejects the Court's decision in this case, it will be doing just what the other great powers have repeatedly done for decades."[133]

Australia edit

 
Ships of the Malaysian, Singapore, British, Australian and New Zealand Navy in the South China Sea during Exercise Bersama Lima, 2018

On 25 July 2020 Australia rejected China's claims to the South China Sea and filed a statement with the United Nations that said: "Australia rejects any claims to internal waters, territorial sea, exclusive economic zone and continental shelf based on such baselines," and there is "no legal basis" to draw the nine-dash line around the Four Sha archipelagos, Paracel and Spratly Islands or low-tide maritime zones. They encourage the claimants to resolve their disputes peacefully.[134]

Cambodia edit

Cambodia has backed China over the dispute in ASEAN meetings, preventing consensus over unified ASEAN action.[135] 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 ousting 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.[136]

India edit

See also: China–India relations

India says that the South China Sea was "part of global commons and India has an abiding interest in peace and stability in the region... We firmly stand for the freedom of navigation and overflight and unimpeded lawful commerce in these international waterways, in accordance with international law, notably UNCLOS." This was seen as largely backing the US position.[137]

Indonesia edit

See also: China–Indonesia relations and North Natuna Sea
 
Indonesian Air Force F-16 Fighting Falcon flying over what appeared to be a PLAN Type 903 replenishment ship on the disputed waters off the coast of Natuna Islands, Riau Islands

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,[138] and often positioned itself as an "honest broker".[139] 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,[140] 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.[141] In November 2015, Indonesia's security chief Luhut Pandjaitan said Indonesia could take China before an international court.[142] Indonesia filed a comment with the Permanent Court of Arbitration regarding China's claim in the arbitration.

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.[143] On 21 March 2016, minister for fisheries and maritime affairs Susi Pudjiastuti summoned the Chinese ambassador, Xie Feng, and discussed this matter.[143] 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.[144]

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 Pandjaitan said it was meant to send a "clear message" that Indonesia was "very serious in its effort to protect its sovereignty".[145]

Following the Permanent Court of Arbitration decision on 12 July 2016, Indonesia called on all parties involved in the territorial dispute to exercise self-restraint and to respect applicable international laws.[146]

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.[147]

 
KRI Sutedi Senoputra 378 (background), KRI Tjiptadi 381 (centre), and KRI Teuku Umar 385 (foreground). These ships are often stationed in the Natuna Regency to protect Indonesian territory and its EEZ.

Indonesia's EEZ extends 200 nautical miles (370 km) from its shores, which around Natuna means it is slightly intersected by China's nine-dash line, defining its widely disputed claim to most of the South China Sea. In 2014–2015, the presence of the TNI on the islands was reinforced, which the Indonesian government hoped would reduce the chance of any conflict.[148] Then in early 2020, a further 600 troops were deployed and eight navy warships from the Indonesian Navy including Ahmad Yani-class frigates, Bung Tomo-class corvettes, and Kapitan Pattimura-class ASW corvettes were sent to the area with support from the Indonesian Navy Naval Aviation CN-235 MPA, the Indonesian Air Force also sent 4 F-16 and a Boeing 737-2x9 Surveillance, and put BAE Hawk aircraft nearby on alert after Chinese fishing vessels increased illegal activity within the EEZ, escorted by a Chinese Coast Guard vessel. A recent visit to the area by President Joko Widodo displayed Indonesia's resolve to not overlook such incursions.[149]

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."[150]

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.[151]

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.[152] Prime Minister Lee Hsien Loong said during his official visit to the US that he hoped all countries will respect international law and the outcome of arbitration.[153] The spokesperson of China Hua Chunying responded in a press conference said that the award by the Arbitral Tribunal was "illegal" and "invalid", and thus not binding at all. She urged Singapore to respect China's position, stay objective and impartial.[154]

Sri Lanka edit

Kabir Hashim, General Secretary of the United National Party, has said that the South China Sea disputes should be resolved through bilateral talks between China and the countries concerned rather than being subject to external forces.[155]

Thailand edit

Thailand as one of the member of ASEAN played a coordinating role in facilitating China and ASEAN members involved in the dispute in hope of reaching peaceful resolution. Despite its domestic political turmoil, the Thai government relied on its Ministry of Foreign Affairs' expertise on international dispute. It took the initiative to hold several meetings with parties concerned. Thailand's first attempt was hosting the ASEAN–China Senior Officials' Meeting Retreat in Pattaya, Thailand 2012. Via this meeting, Wang Yi, the Chinese Foreign Minister called for a joint development of resources in South China Sea. Bangkok was viewed as a South China Sea neutral player because it is not a claimant and did not have disputes in the South China Sea with China. 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. Thai-China relationship was generally seen as positive. Thailand's neutral position enabled it to act as a mediator and influence discussions among parties involved.[156]

United States edit

See also: China–United States relations and East Asian foreign policy of the Barack Obama administration
 
SOUTH CHINA SEA: UP FOR GRABS (INR, 1971)

In 1974, the PRC received a non-involvement promise from the United States when it occupied the Yagong Island and the Crescent Group from South Vietnam.[38] The United States officially addressed the South China Sea dispute for the first time in 1995, when its statement focused on the peaceful resolution of disputes, peace and stability, freedom of navigation, neutrality over the question of sovereignty, and respect of maritime norms.[157] The 1995 statement did not name any states by their names.

The 1995 policy was changed in 2010, when the administration of the President Obama felt that even though the United States cannot take sides in the dispute, it still has to make a statement that it is not passively accepting the assertive actions taken in the region.[158] 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.[159][160] Her comments were countered by China's Foreign Minister Yang Jiechi as "in effect an attack on China," and he warned the United States against making the South China Sea an international issue or multilateral issue.[161]

In 2012, a United States State Department press statement identified the PRC as an assertive state in the region and communicated United States concerns about the developments in the area.[162] Also in 2012, Secretary 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.[163] 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."[164] 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.[165]

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."[166] USN CNO Jonathan Greenert then pledged American support to the Philippines in its territorial conflicts with the PRC.[167] The Chinese Foreign Ministry asked the United States to maintain a neutral position on the issue.[168] In 2014 and 2015, the United States continued freedom of navigation operations ("FONOPs"), including in the South China Sea.[169]

In May 2015, the Wall Street Journal reported that the “US Navy regularly conducts freedom of navigation transits in the region ... [but] has yet to receive explicit authorization from the administration to do so within 12 nautical miles of the artificial islands”.[170] At the Shangri-La Dialogue on May 30, 2015, Secretary of Defense Ash Carter drew attention to China’s artificial islands, stating that: “China is out of step with...international rules [as] turning an underwater rock into an airfield simply does not afford the rights of sovereignty or permit restrictions on international air or maritime transit. . . . All countries should have the right to freedom of navigation [and] America, alongside its allies and partners in the [region] will not be deterred from exercising these rights.”[171] On September 18, 2015, the Chinese Foreign Ministry replied by stating that “China, like the US, champions navigation freedom in the South China Sea, but opposes any country’s attempt to challenge China’s territorial sovereignty ... under the pretext of safeguarding navigation freedom.”[172][171] At the start of October 2015, the US Department of Defense made it clear that a FONOP within 12 nautical miles of one of China’s artificial islands was “not a question of if, but when”,[173] and by mid-October 2015, US officials said the FONOP was expected "within days".[174] 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".[175][171] This was the first time since 2012 that the US has directly challenged China's claims of the island's territorial limit.[176] 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.[177]

 
The USS Carl Vinson underway in the South China Sea, 2017

President Trump's administration increased the frequency of freedom of navigation operations in the South China Sea.[178] In June 2020, US Ambassador to the United Nations Kelly Craft sent a letter to the U.N. secretary general explaining the US position on China's "excessive maritime claims."[179] On 14 July 2020, US Secretary of State Mike Pompeo declared China's claims and coercions of in parts of the South China Sea “completely unlawful”.[180] On 26 August 2020, the US sanctioned individuals and 24 Chinese companies linked to construction and militarization of the artificial islands.[181]

Publications by US think tanks have made recommendations for courses of actions that the United States could take in response to PRC activities in the South China Sea.[182][183]

The US Navy has conducted freedom of navigation drills in the South China Sea to counter Vietnamese claims in the region, particularly around the Côn Đảo islands.[184]

The US, Japan and the Philippines conducted military exercises intended to "(ensure) that all countries are free to fly, sail, and operate wherever international law allows" on April 7, 2024, in advance of a planned trilateral summit. The Southern Theater Command of China's PLA issued statements saying it was organizing "joint naval and air combat patrols in the South China Sea" and "All military activities that mess up the situation in the South China Sea and create hotspots are under control".[185]

Disputes vs. UNCLOS edit

Main article: United Nations Convention on the Law of the Sea

One observer, a visiting assistant professor of international law at De La Salle University, Philippines, remarked:[29]: 388 

While the PRC, ROC and Vietnam claim the entire Spratly archipelago because of what they perceive to be their "historical right" to the area, Brunei, Malaysia, and the Philippines base their respective claims on the stipulations regarding continental shelves outlined in UNCLOS. [...] While some would argue that the historical claims of the PRC, ROC, and Vietnam should be discarded because they do not conform to the stipulations of UNCLOS, this is unrealistic. The notion of historical entitlement sits at the foundation of their claims to the Spratly archipelago and are unlikely to dissipate simply because analysts choose to ignore them. As a result, any proposed framework must address such concerns.

That observer concludes, "UNCLOS must be applied to the Spratly question in a way that accounts for the unique characteristics of the dispute."[29]: 401 

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Sources edit

  • Bateman, Sam; Emmers, Ralf, eds. (2008). Security and International Politics in the South China Sea: Towards a co-operative management regime (illustrated ed.). Taylor & Francis. ISBN 978-0-203-88524-6. Retrieved 10 March 2014.
  • Kivimäki, Timo, ed. (2002). War Or Peace in the South China Sea?. Contributor Nordic Institute of Asian Studies (illustrated ed.). NIAS Press. ISBN 978-8791114014. ISSN 0904-597X. Retrieved 10 March 2014.
  • Morley, James W.; Nishihara, Masashi, eds. (1997). Vietnam Joins the World. M.E. Sharpe. ISBN 978-0-7656-3306-4. Retrieved 10 March 2014.
  • Nordquist, Myron H.; Moore, John Norton (1998). Security Flashpoints: Oil, Islands, Sea Access and Military Confrontation; [twenty-first Annual Seminar Held at the UN Plaza Hotel in New York City from February 7 – 8, 1997]. Martinus Nijhoff Publishers. ISBN 978-90-411-1056-5.
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  • Severino, Rodolfo (2011). Where in the World is the Philippines?: Debating Its National Territory (illustrated ed.). Institute of Southeast Asian Studies. ISBN 978-9814311717. Retrieved 10 March 2014.
  • Wortzel, Larry M.; Higham, Robin D. S. (1999). Dictionary of Contemporary Chinese Military History (illustrated ed.). ABC-CLIO. ISBN 978-0-313-29337-5. Retrieved 10 March 2014.

Further reading edit

Library resources about
Territorial disputes in the South China Sea
  • Dupuy, Florian; Dupuy, Pierre-Marie (2013). "A Legal Analysis of China's Historic Rights Claim in the South China Sea". American Journal of International Law. 107 (1): 121–141. doi:10.5305/amerjintelaw.107.1.0124. S2CID 55162381.
  • Kittrie, Orde (2016). Lawfare: Law as a Weapon of War. New York, NY: Oxford University Press. pp. 161–168. ISBN 9780190263577. Retrieved 31 May 2020.
  • Lorteau, Steve (2018). "China's South China Sea Claims as 'Unprecedented': Sceptical Remarks". Canadian Yearbook of International Law. 55: 79–99. doi:10.1017/cyl.2018.6. S2CID 158337369.
  • Bautista, Lowell B. (December 2011). (PDF). JATI – Journal of Southeast Asian Studies. 16: 35–53. Archived from the original (PDF) on 30 July 2013.
  • Bonnet, Francois-Xavier (November 2012). "Geopolitics of Scarborough Shoal" (PDF). Irasec's Discussion Paper (14). Institut de Recherche sur l'Asie du Sud-Est Contemporaine – Research Institute on Contemporary Southeast Asia.
  • Corr, Anders (2017). Great Powers, Grand Strategies: The New Game in the South China Sea. US Naval Institute Press.
  • Raine, Sarah; Le Miere, Christian (2013). Regional Disorder: The South China Sea Disputes. Routledge for IISS.
  • Rowan, Joshua P. (2005). (PDF). Asian Survey. 45 (3): 414–436. doi:10.1525/as.2005.45.3.414. Archived from the original (PDF) on 16 August 2010.
  • Townsend-Gault, Ian; Miller, Meredith; Schofield, Clive; Storey, Ian; Cook, Tim; Djalal, Hasjim (July 2011). "From Disputed Waters to Seas of Opportunity: Overcoming Barriers to Maritime Cooperation in East and Southeast Asia". NBR Special Report. 30. The National Bureau of Asian Research.
  • Cook, Tim (17 June 2011). "Rising Tensions in the South China Sea – An interview with Ian Storey". The National Bureau of Asian Research. Retrieved 5 February 2020.
  • Tupaz, Edsel (27 April 2012). . JURIST. Archived from the original on 15 June 2018. Retrieved 31 July 2012.
  • Van Quyet, Luu, and Nguyen Thi Anh Nguyet. "US-Vietnam maritime security cooperation in the South China Sea: From the Obama administration to the current Biden administration." Cogent Arts & Humanities 10.1 (2023): 2231697. online
  • Weissmann, Mikael (2010). (PDF). Asian Perspectives. 34 (3): 35–69. doi:10.1353/apr.2010.0013. S2CID 54492222. Archived from the original (PDF) on 28 July 2014.
  • Yea, Andy (2011). "Maritime territorial disputes in East Asia: a comparative analysis of the South China Sea and the East China Sea". Journal of Current Chinese Affairs. 40 (2): 165–193. doi:10.1177/186810261104000207.
  • Zhang. Ketian. “Cautious Bully: Reputation, Resolve, and Beijing's Use of Coercion in the South China Sea,” International Security 44:1 (Summer 2019): 117–159.

External links edit

  • Website of the Vietnamese Program for South China Sea Studies 3 January 2016 at the Wayback Machine Chương trình nghiên cứu Biển Đông (in Vietnamese)
  • Antonio T. Carpio. "Historical Facts, Historical Lies, and Historical Rights in the West Philippine Sea" (PDF). IMOA.ph. Retrieved 6 December 2022. – the published presentation notes, including supportive illustrations and footnotes for a presentation at the Philippine Institute for Marine and Ocean Affairs of the López Museum and Library (event release)

January 01, 1970
territorial, disputes, south, china, involve, conflicting, island, maritime, claims, south, china, several, sovereign, states, namely, people, republic, china, taiwan, republic, china, brunei, malaysia, philippines, vietnam, disputes, involve, islands, reefs, . Territorial disputes in the South China Sea involve conflicting island and maritime claims in the South China Sea by several sovereign states namely the People s Republic of China PRC Taiwan Republic of China ROC Brunei Malaysia the Philippines and Vietnam The disputes involve the islands reefs banks and other features of the region including the Spratly Islands Paracel Islands Scarborough Shoal and various boundaries in the Gulf of Tonkin The waters near the Indonesian Natuna Islands which some regard as geographically part of the South China Sea are disputed as well Maritime disputes also extend beyond the South China Sea as in the case of the Senkaku Islands and the Socotra Rock which lie in the East China Sea 1 Map of various countries presence in the Spratly Islands as of 2015 An estimated US 3 37 trillion worth of global trade passes through the South China Sea annually 2 which accounts for a third of the global maritime trade 3 80 percent of China s energy imports and 39 5 percent of China s total trade passes through the South China Sea 2 Claimant states are interested in retaining or acquiring the rights to fishing stocks 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 Maritime security is also an issue as the ongoing disputes present challenges for shipping 4 In 1932 France formally claimed both the Paracel and Spratly Islands 5 China and Japan both protested On 6 April 1933 France occupied the Spratlys announced their annexation and formally included them in French Indochina 6 7 In 1947 the Republic of China the government of then China announced the majority of the South China Sea was its territory In 1949 the incoming government of China which overthrew the Republic of China in the Chinese Civil War announced that it had inherited this claim citation needed In 2013 the PRC began island building in the Spratly Islands and the Paracel Islands region 8 During a Senate hearing in May 2015 then US Assistant Secretary of Defence David Shear reported that in the Spratly Islands Vietnam had established 48 outposts the Philippines had eight China had eight Malaysia had five and Taiwan had one Shear also noted that from 2009 to 2014 Vietnam was the most active claimant in terms of both upgrading outposts and reclaiming land with approximately 60 acres reclaimed 9 10 According to Reuters island building in the South China Sea primarily by Vietnam and the Philippines had been going on for decades on a small scale And Vietnam Taiwan and the Philippines have all deployed military forces on some of their islands but Vietnam has not stationed any troops on its floating artificial islands While China had been late to the island building game its efforts had been on an unprecedented scale from 2014 to 2016 it had constructed more new island surface than all other nations have constructed throughout history and unlike the other claimants had placed military equipment at least for a brief period on one of its artificial islands by 2016 11 Also a 2019 report from VOA that compared China and Vietnam s island building campaign in the South China Sea stated that the reason why Vietnam compared to China had been subject to little international criticism or support was because of the slower speed and widely perceived defensive nature of its island building project 12 China s actions in the South China Sea have been described as part of its salami slicing cabbage wrapping strategies 13 14 Since 2015 the United States and other states such as France and the United Kingdom have conducted freedom of navigation operations FONOP in the region 15 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 the South China Sea Arbitration 16 The tribunal did not rule on the ownership of the islands or delimit maritime boundaries 17 18 Both the People s Republic of China and Taiwan stated that they did not recognize the tribunal and insisted that the matter should be resolved through bilateral negotiations with other claimants 19 In January 2022 the United States Department of State called China s claims in the South China Sea unlawful 20 Contents 1 Disputes in the South China Sea region 2 History 2 1 2011 agreement 2 2 Chinese objection to Indian military presence and oil exploration 2 3 Chinese policy on the South China Sea 2 4 Oil and gas development 2 4 1 Philippines 2 4 2 Vietnam 2 4 3 China 2 5 Incidents involving fishermen 3 Security summits 4 Non claimant views 4 1 Third party analysis 4 1 1 UNCLOS tribunal 4 2 Australia 4 3 Cambodia 4 4 India 4 5 Indonesia 4 6 Japan 4 7 Laos 4 8 Singapore 4 9 Sri Lanka 4 10 Thailand 4 11 United States 5 Disputes vs UNCLOS 6 See also 7 References 7 1 Citations 7 2 Sources 8 Further reading 9 External linksDisputes in the South China Sea region editSummary of disputes Area of dispute Brunei China Indonesia Malaysia Philippines Taiwan Vietnam The nine dash line Vietnamese coast Sea area north of Borneo South China Sea islands Sea area north of the Natuna Islands Sea area west of Palawan and Luzon Sabah area Luzon Strait Taiwan and China The disputes involve both maritime boundaries and islands 21 There are several disputes each of which involves a different collection of countries The nine dash line area claimed by the Republic of China 1912 1949 later the People s Republic of China PRC which covers most of the South China Sea and overlaps with the exclusive economic zone claims of Brunei Indonesia Malaysia the Philippines Taiwan and Vietnam Maritime boundary along the Vietnamese coast between the PRC Taiwan and Vietnam Maritime boundary north of Borneo between the PRC Malaysia Brunei Philippines and Taiwan Islands reefs banks and shoals in the South China Sea including the Paracel Islands Pratas Island and the Vereker Banks Macclesfield Bank Scarborough Shoal and the Spratly Islands between the PRC Taiwan and Vietnam and parts of the area also contested by Malaysia and the Philippines Maritime boundary in waters north of the Natuna Islands between the PRC Indonesia Taiwan 22 and Vietnam 23 Maritime boundary off the coast of Palawan and Luzon between the PRC the Philippines and Taiwan Maritime boundary land territory and the islands of Sabah including Ambalat between Indonesia Malaysia and the Philippines Maritime boundary and islands in the Luzon Strait between the PRC the Philippines and Taiwan nbsp nbsp 1 nbsp 2 nbsp 1 nbsp 2 nbsp 3 nbsp 4 nbsp 5 nbsp 6 nbsp 7 nbsp 1 nbsp 2 nbsp 3 nbsp 4 nbsp 5 nbsp 6 nbsp 7 nbsp 8 nbsp 9 nbsp 10 nbsp 11 nbsp 1 nbsp 2 nbsp 3 nbsp 4 nbsp 5 nbsp 6 nbsp 1 nbsp 1 nbsp 2 nbsp 3 nbsp 4 nbsp 5 nbsp 6 nbsp 7 nbsp 8 nbsp 9 nbsp 10 nbsp 11 nbsp 12 nbsp 13 nbsp 14 nbsp 15 nbsp 16 nbsp 17 nbsp 18 nbsp 19 nbsp 20 nbsp 21 nbsp 22 nbsp 23 nbsp 24 nbsp 25 nbsp 26 nbsp 27 nbsp 28 nbsp 29class notpageimage Location of the major islands islets in the Spratly Islands Legend nbsp Brunei nbsp 1 Louisa Reef nbsp Malaysia nbsp 1 Swallow Reef nbsp 2 Ardasier Reef nbsp 3 Dallas Reef nbsp 4 Erica Reef nbsp 5 Investigator Shoal nbsp 6 Mariveles Reef nbsp People s Republic of China nbsp 1 Yongshu nbsp 2 Meiji nbsp 3 Zhubi nbsp 4 Huayang nbsp 5 Nanxun nbsp 6 Chigua nbsp 7 Dongmen nbsp Philippines nbsp 1 Flat Island nbsp 2 Lankiam Cay nbsp 3 Loaita Cay nbsp 4 Loaita Island nbsp 5 Nanshan Island nbsp 6 Northeast Cay nbsp 7 Thitu Island nbsp 8 West York Island nbsp 9 Commodore Reef nbsp 10 Irving Reef nbsp 11 Second Thomas Shoal nbsp Republic of China nbsp 1 Taiping nbsp 2 Zhongzhou nbsp Vietnam nbsp 1 Southwest Cay nbsp 2 Sand Cay nbsp 3 Namyit Island nbsp 4 Sin Cowe Island nbsp 5 Spratly Island nbsp 6 Amboyna Cay nbsp 7 Grierson Reef nbsp 8 Central London Reef nbsp 9 Pearson Reef nbsp 10 Barque Canada Reef nbsp 11 West London Reef nbsp 12 Ladd Reef nbsp 13 Discovery Great Reef nbsp 14 Pigeon Reef nbsp 15 East London Reef nbsp 16 Alison Reef nbsp 17 Cornwallis South Reef nbsp 18 Petley Reef nbsp 19 South Reef nbsp 20 Collins Reef nbsp 21 Lansdowne Reef nbsp 22 Bombay Castle nbsp 23 Prince of Wales Bank zh nbsp 24 Vanguard Bank zh nbsp 25 Prince Consort Bank zh nbsp 26 Grainger Bank zh nbsp 27 Alexandra Bank zh nbsp 28 Orleana Shoal zh nbsp 29 Kingston Shoal zh History editFor a chronological guide see Timeline of the South China Sea dispute A document kept in the French archive dated April 10 1768 titled Note sur l Asedemandes pas M de la bonde a M d Etaing said that at that time the Vietnamese navy was patrolling regular patrol between the coast of Vietnam and the Hoang Sa archipelago Admiral d Estaing described the Vietnamese defenses as having many cannons most of them bearing the Portuguese insignia dated 1661 and smaller guns bearing the insignia of Cambodia and the inscription British India company Authors Le Poivre 1740 J Chaigneau 1816 1819 Taberd 1833 and Gutzlagip 1840 also asserted that Hoang Sa belonged to Vietnam Even Chinese authors have written books before saying that the Paracels and Spratlys belong to Vietnam Monk Thich Dai San in his 1696 book Overseas confirmed that the Nguyen lords annually let boats exploit products from shipwrecks in the Van Ly Truong Sa area i e Hoang Sa of Vietnam The Chinese document The Fall of the South Sea and the islands of historical records edited by Han Chan Hoa page 115 of the first chapter also records traces on Vinh Hung Island Phu Lam in the Paracels where there is a temple called the temple citation needed In 1932 France formally claimed both the Paracel and Spratly Islands China and Japan both protested On 6 April 1933 France occupied the Spratlys announced their annexation formally included them in French Indochina and built a couple of weather stations on them 24 nbsp South east facing aerial view of PRC settled Woody Island The island is also claimed by Taiwan and Vietnam By May 1939 the Japanese had laid claim and occupied the Paracel and Spratly Islands 25 During World War II the Empire of Japan used the islands in the South China Sea for various military purposes and asserted that the islands were not claimed by anyone when the Imperial Japanese Navy took control of them 26 27 Historical accounts note that at least France had controlled some of the features in the region during the 1930s 28 In August 1951 Zhou Enlai then the PRC s Foreign Minister responding to the draft of the Treaty of San Francisco outlined Beijing s position on the South China Sea as follows 29 389 390 In fact the Paracel Archipelago and Spratly Island as well as the whole Spratly Archipelago have always been Chinese territory Though occupied for some time during the war of aggression unleashed by Japanese imperialism they were taken over by the then Chinese government following Japan s surrender The Central People s Government of the People s Republic of China declares herewith This inviolable sovereignty of the People s Republic of China over Spratly Island and the Paracel Archipelago will by no means be impaired irrespective of whether the American British draft for a peace treaty with Japan should make any stipulations and of the nature of any such stipulations Japan relinquished control of the islands in the South China Sea with the signing of the Treaty of San Francisco on 9 September 1951 The treaty however did not specify the new status of the islands 30 The People s Republic of China made various claims to the islands during the 1951 treaty negotiations and the 1958 First Taiwan Strait Crisis 31 Chinese claims in the South China sea are delineated in part by the nine dash line 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 When the Chinese Communist Party took over mainland China and formed the People s Republic of China in 1949 the line was adopted and revised to nine dashes dots as endorsed by Zhou Enlai 32 China s 1958 declaration described China s claims in the South China Sea islands based on the nine dotted line map 33 The legacy of the nine dash line is viewed by some PRC government officials and by the PRC military 34 The Geneva Accords of 1954 35 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 36 In 1974 when a North Vietnamese victory in the Vietnam War began to seem probable the PRC used military force in the Paracel Islands and took Yagong Island and the Crescent group of reefs from South Vietnam 28 37 The government of the PRC wanted to prevent the Paracel islands from falling under the control of North Vietnam which at the time was an ally of the Soviet Union After not resisting during the initial Vietnamese attack the PRC launched what they regarded as a counterattack in self defense 37 The United States in the middle of detente with the PRC gave a non involvement promise to the PRC which enabled the People s Liberation Army Navy to take control of the South Vietnamese islands 38 In the later half of 1970s the Philippines and Malaysia began referring to the Spratly Islands as being included in their own territory 39 On 11 June 1978 President Ferdinand Marcos of the Philippines issued Presidential Decree No 1596 declaring the north western part of the Spratly Islands referred to therein as the Kalayaan Island Group as Philippine territory 39 In 1988 the PRC and Vietnam fought each other near the Johnson Reef 38 The PRC had obtained a permit from the Intergovernmental Oceanographic Commission to build five observation posts for the conduction of ocean surveys and one of the permitted observation posts was allowed to be located in the Spratly islands region 40 The PRC chose to build 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 When it started to build the observation post in the terra nullius Fiery Cross Reef Vietnam sent its navy to the area to monitor the situation 41 The two states clashed near the Johnson Reef and after the clash China occupied the Johnson Reef 40 nbsp Fiery Cross Reef being transformed by the PRC in May 2015 In 1994 the PRC occupied Mischief Reef located some 250 miles from the Philippine coast 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 41 Mischief Reef marked the first time the PRC had a military confrontation with the Philippines 42 an ally of the United States The occupation and or control of most parts of the Spratly and Paracel islands did not change significantly from the 90s to the 2000s To this day the PRC controls all of the islanda in the Paracels In the Spratlys Vietnam controls the most islands with 29 in total while the Philippines has control of eight islands Malaysia with 5 the PRC with 5 and the ROC with 1 8 However in 2011 tensions started to increase again in the territory In February the Chinese frigate Donguan fired three shots at Philippine fishing boats near Jackson atoll 43 In May the Vietnamese Binh Minh 02 oil and gas survey ship clashed with three Chinese maritime patrol vessels some 600 km south of China s Hainan island 44 Beginning in 2012 the islands became more increasingly militarized The ROC started the construction of an antenna tower and runway on the Taiping island in February allowing the island to accommodate various military aircraft 45 On the Vietnam occupied Sand Cay and West Reef islands upgrades and land reclamation projects were also started at this time 46 In April the PRC took the Scarborough Shoal as a response to the Philippine navy s actions of stopping Chinese fishing boats in the area 47 48 In September 2018 a South Korean navy destroyer traveled into what China saw as its territorial waters A South Korean government official said the navy destroyer was taking refuge from a typhoon and not challenging maritime claims but he declined to comment on whether Seoul believed the disputed waters belonged to China A Chinese Defense Ministry spokesman said the ship broke Chinese law by entering its 12 nautical mile wide territorial sea around the Paracel Islands without seeking prior permission but said Beijing accepted South Korea s explanation 49 On 22 December 2020 the PRC claimed that the guided missile destroyer John S McCain had been expelled after it trespassed into Chinese territorial waters close to the Spratly Islands 50 However this claim has been disputed by the US Navy 51 In March 2021 220 Chinese fishing boats were seen moored around Whitsun Reef in the Spratly Islands a reef claimed by the Philippines as part of its exclusive economic zone Philippines Defense Minister Delfin Lorenzana accused China of provocative action of militarizing the area 52 2011 agreement edit On 20 July 2011 the PRC Brunei Malaysia the Philippines Taiwan and Vietnam agreed a set of preliminary guidelines on the implementation of the DOC Declaration of Conduct of Parties in the South China Sea which would help resolve disputes 53 This set of guidelines is based on an earlier agreement also called DOC from 2002 between China and the ASEAN Member States 54 The agreement was described by the PRC s assistant foreign minister Liu Zhenmin as an important milestone document for cooperation among China and ASEAN countries 53 Some of the early drafts acknowledged aspects such as marine environmental protection scientific research safety of navigation and communication search and rescue and combating transnational crime although the issue of oil and natural gas drilling remains unresolved 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 55 with the forecast that the COC will be completed by 2021 56 Chinese objection to Indian military presence and oil exploration edit Further information Look East policy India On 22 July 2011 the INS Airavat an Indian amphibious assault vessel on a friendly visit to Vietnam was reportedly contacted 45 nautical miles from the Vietnamese coast in the disputed South China Sea by a party identifying itself as the PLA Navy and stating that the ship was entering PRC waters 57 58 A spokesperson for the Indian Navy explained that as no ship or aircraft was visible the INS Airavat proceeded on her onward journey as scheduled The Indian Navy further clarified that t here was no confrontation involving the INS Airavat India supports freedom of navigation in international waters including in the South China Sea and the right of passage in accordance with accepted principles of international law These principles should be respected by all 57 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 However this agreement between India and Vietnam has provoked attacks from the PRC 59 In response PRC Foreign Ministry spokesperson Jiang Yu without referring to India by name stated As for oil and gas exploration activities our consistent position is that we are opposed to any country engaging in oil and gas exploration and development activities in waters under China s jurisdiction We hope the foreign countries do not get involved in South China Sea dispute 60 61 An Indian foreign ministry spokesman responded The Chinese had concerns but we are going by what the Vietnamese authorities have told us and we have conveyed this to the Chinese 60 The Indo Vietnamese deal was also denounced by the Chinese state run newspaper Global Times 59 61 Chinese policy on the South China Sea edit In spring 2010 PRC officials reportedly communicated to US officials that the South China Sea was an area of core interest that is as non negotiable and on par with Taiwan and Tibet on the national agenda However Beijing appeared to have backed away from that assertion in 2011 62 63 64 In October 2011 the PRC s Global Times tabloid editorialised on the South China Sea territorial disputes under the banner Don t take peaceful approach for granted The article referenced incidents earlier that year involving the Philippines and South Korea detaining PRC fishing boats in the region If these countries don t want to change their ways with China they will need to prepare for the sounds of cannons We need to be ready for that as it may be the only way for the disputes in the sea to be resolved 65 Responding to questions about whether this reflected official policy a Chinese Foreign Ministry spokeswoman stated the country s commitment to resolving the maritime dispute through peaceful means 66 In July 2014 Professor Alan Dupont of the University of New South Wales was reported as saying that the Chinese government appeared to be directing its fishing fleet into disputed waters as a matter of policy 67 From 2013 to the beginning of 2018 China carried out land reclamation in the South China Sea The construction of the islands has been completed The three island airports of Meiji Reef Zhubi Reef and Yongshu Reef have been completed 68 69 In August 2019 China s paramount leader Xi Jinping told Philippine President Rodrigo Duterte that China would not recognise or abide by the arbitration decision China rejects the arbitration proceedings as illegitimate because China excluded itself from compulsory arbitration in its ratification of the 2006 United Nations Convention on the Laws of the Seas UNCLOS 70 Xi made his comments during a visit by Duterte to Beijing with discussions between the two leaders 71 This stance by Beijing is in line with the July 2019 publishing of a Chinese White Paper China s National Defense in the New Era which details China s armed strength and repeatedly mentions deployment in the South China Sea 72 On 22 September 2020 in a recorded speech at the opening of the 75th session of the UN General Assembly the Philippine President Rodrigo Duterte reaffirmed the Hague ruling rejecting most of China s claims to disputed waters and said The award is now part of international law beyond compromise and beyond the reach of passing governments to dilute diminish or abandon 73 Oil and gas development edit The area is said to be rich in oil and natural gas deposits however the estimates are highly varied The Chinese Ministry of Geological Resources and Mining estimated that the South China Sea may contain 17 7 billion barrels of crude oil 74 compared to the oil rich country of Kuwait which has 13 billion barrels In the years following the announcement by the PRC ministry the claims regarding the South China Sea islands intensified However other sources claim that the proven reserves of oil in the South China Sea may only be 7 5 billion barrels or about 1 1 billion barrels 75 According to the US Energy Information Administration EIA s profile of the South China Sea region a US Geological Survey estimate puts the region s discovered and undiscovered oil reserves at 11 billion barrels as opposed to a PRC figure of 125 billion barrels 76 The same EIA report also points to the wide variety of natural gas resource estimations ranging from 190 trillion cubic feet to 500 trillion cubic feet likely located in the contested Reed Bank 76 The state owned China Offshore Exploration Corp planned to spend 200 billion RMB US 30 billion in the next 20 years to exploit oil in the region with the estimated production of 25 million metric tons of crude oil and natural gas per annum at a depth of 2000 meters within the next five years 77 Competing claims in the oil and gas rich South China Sea have stifled the development and exploitation of these resources To break from this the Philippines and China agreed to a Memorandum of Understanding MoU on Cooperation on Oil and Gas Development in November 2018 where joint use of and not ownership over assets underlies the agreement In the past aggressive Chinese naval patrols deterred Manila from exploring gas deposits in disputed waters like the Reed Bank such that this type of agreement may allow for the claimant states to jointly develop the natural gas in the offshore area The mechanism of joint agreements is not new with Malaysia and Vietnam having forged a similar mechanism in 1992 while Malaysia and Thailand reached understandings in 1979 and 1990 over the development of gas rich disputed waters 78 Philippines edit The Philippines began exploring the areas west of Palawan for oil in 1970 Exploration in the area began in Reed Bank Tablemount 79 In 1976 gas was discovered following the drilling of a well 80 However the PRC s complaints halted the exploration citation needed On 27 March 1984 the first Philippine oil company discovered an oil field off Palawan which is an island province bordering the South China Sea and the Sulu Sea 81 These oil fields supply 15 of annual oil consumption in the Philippines 82 Vietnam edit Vietnam and Japan reached an agreement early in 1978 on the development of oil in the South China Sea citation needed By 2012 Vietnam had concluded some 60 oil and gas exploration and production contracts with various foreign companies 83 In 1986 the White Tiger oil field in the South China Sea came into operation producing over 2 000 tons of crude oil per year followed by The Bear and Dragon oil fields 84 Offshore exploration activities in 2011 increased Vietnam s proven oil reserves to be the third largest in the Asia Pacific region 85 However the country is a net importer of oil products 86 In 2009 petroleum accounted for 14 percent of Vietnamese government income down from 24 percent in 2004 87 In 2017 after Chinese pressure the Vietnamese government ordered Spain s Repsol to stop drilling in the disputed area 88 89 A joint venture of Japanese Inpex and Petrovietnam planned to start drilling in the disputed area in 2021 90 China edit China s first independently designed and constructed oil drilling platform in the South China Sea is the Ocean Oil 981 海洋石油981 The major shareholders are J P Morgan Chase amp Co 19 Commonwealth Bank of Australia 14 T Rowe Price Associates Inc and affiliates 6 and BlackRock Inc 5 91 It began operation on 9 May 2012 in the South China Sea 320 kilometres 200 mi southeast of Hong Kong at a depth of 1 500 m and employing 160 people 92 On 2 May 2014 the platform was moved near to the Paracel Islands 93 a move Vietnam stated violated their territorial claims 94 Chinese officials said it was legal stating the area lies in waters surrounding the Paracel Islands which China occupies and militarily controls 95 Incidents involving fishermen edit Prior to the territorial disputes fishermen from involved countries tended to enter each other s controlled islands and Exclusive Economic Zones EEZ leading to conflicts with the authorities that controlled the areas as they were unaware of the exact borders As well due to depletion of the fishing resources in their maritime areas they were forced to fish in the neighbouring countries areas 96 97 98 In 2006 the captain of a Taiwanese fishing boat was shot dead and a crewman wounded when their boat was reportedly attacked by pirates wearing military uniforms Philippine authorities assured the Taiwan Ministry of Foreign Affairs that no Filipino naval or coast guard personnel were involved in the incident 99 A Taiwanese fisherman was machine gunned to death by the coast guard of the Philippines in May 2013 100 101 In the spring of 2014 China and Vietnam clashed again over China s Haiyang Shiyou oil rig in Vietnam s EEZ The incident left seventeen Vietnamese clarification needed injured and damaged ships of both countries 102 Although Indonesia is not part of claims in the South China Sea dispute after Joko Widodo became President of the country in 2014 he instituted a policy in 2015 that if any foreign fishermen were caught illegally fishing in Indonesian waters their vessels would be destroyed The president wanted to make maritime resources especially fisheries a key component of his administration s economic policy 103 104 Since the policy s initiation fishing vessels drawing from many neighbouring countries were destroyed by Indonesian authorities On 21 May 2015 around 41 fishing vessels from China Vietnam Thailand and the Philippines were destroyed 105 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 106 107 Further Indonesian campaigns against foreign fishermen resulted in the destruction of 23 fishing boats from Malaysia and Vietnam on 5 April 2016 108 Out of the 556 ships Indonesia had destroyed from October 2014 to 2019 for violating rules 312 of them were from Vietnam 91 were from the Philippines 87 were from Malaysia 26 were local and 3 were from China 109 According to a 2023 Tempo report Thai vessels also often illegally fished in Indonesian waters 110 The areas in the South China Sea had also become known for Indonesian pirates with frequent attacks on Malaysian Singaporean and Vietnamese vessels as well as leading to hijacking such as the MT Orkim Harmony and MT Zafirah hijacking incidents The continuing war against foreign fishermen by Indonesia led to protests by Vietnam in late 2016 when a Vietnamese fisherman was killed after being shot by Indonesian authorities 97 98 Attacks have also come from Filipino and Moro pirates arriving from the Sulu Sea a Vietnamese fisherman was killed by Filipino pirates in late 2015 111 In 2017 two Vietnamese fishermen died from gunshot wounds from a pursuing Philippine Navy patrol boat about 40 miles off the city of Bolinao Pangasinan A police report said that the boats had collided after the navy had fired warning shots the Philippine government Philippine government said on Monday that it had promised Vietnam a fair and thorough investigation 112 On 8 May 2019 Vietnam s ambassador to Malaysia was summoned to the Malaysian Ministry of Foreign Affairs to explain on the high number of encroachments by Vietnamese vessels into the country s waters 113 Three months later Mahathir Mohamad who was Prime Minister at the time also raised the issue with his Vietnamese counterpart 114 According to the Malaysia Maritime Enforcement Agency most illegal fishing incidents in Malaysian waters have come from Vietnamese vessels followed by Thai ones 115 116 Teodoro Locsin Jr the Filipino Secretary of Foreign Affairs said the Philippines was building a maritime fleet that could swarm areas in the South China Sea He said the fleet build up was because of China which was also doing the same thing 117 He also said if one of the vessels got hit the Filipino defense treaty with the United States would also be activated 117 As part of a group of cooperation agreements announced in December 2023 the China and Vietnam announced joint patrols in the Gulf of Tonkin and a hotline to handle South China Sea fishing incidents 118 Security summits editThe 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 119 120 121 The Council for Security Cooperation in the Asia Pacific is the Track Two forum for dialogue on security issues 122 123 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 124 125 Non claimant views editThird party analysis edit The vast majority of international legal experts have concluded that China s claims based on legal and historical evidence are invalid 126 Japanese scholar Taoka Shunji said in a journal article that when it came to China s advance in the South China Sea and the Spratly Islands the assumption amongst many Japanese people that the territory of the Philippines was being invaded was incorrect 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 It has been argued that the U S acquired prior Spanish claim to the islands by the 1900 Treaty of Washington 127 However when the Japanese ruled Taiwan itself had annexed the Spratly islands in 1938 the US ruled Philippines did not challenge the move and 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 control 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 128 According to China analyst Isaac B Kardon in China s Law of the Sea The New Rules of Maritime Order the Chinese government sees itself as fundamentally above the law and beyond accountability to others especially smaller states 129 130 UNCLOS tribunal edit In July 2016 the Permanent Court of Arbitration PCA an internationally agreed arbitration tribunal sitting in the Hague and constituted under Annex VII of the United Nations Convention on the Law of the Sea UNCLOS ruled comprehensively against the People s Republic of China s South China Sea maritime claims in the arbitration 16 This tribunal did not rule on the ownership of the islands 131 or delimit maritime boundaries 17 18 However both mainland China and Taiwan stated that they did not recognize the tribunal and insisted that the matter should be resolved through bilateral negotiations with other claimants 19 On 17 September 2020 France Germany and the United Kingdom issued a joint note verbale recognizing the PCA ruling and challenging China s claims 132 In response to the ruling Graham Allison stated None of the five permanent members of the UN Security Council have ever accepted any international court s ruling when in their view it infringed their sovereignty or national security interests Thus when China rejects the Court s decision in this case it will be doing just what the other great powers have repeatedly done for decades 133 Australia edit nbsp Ships of the Malaysian Singapore British Australian and New Zealand Navy in the South China Sea during Exercise Bersama Lima 2018 On 25 July 2020 Australia rejected China s claims to the South China Sea and filed a statement with the United Nations that said Australia rejects any claims to internal waters territorial sea exclusive economic zone and continental shelf based on such baselines and there is no legal basis to draw the nine dash line around the Four Sha archipelagos Paracel and Spratly Islands or low tide maritime zones They encourage the claimants to resolve their disputes peacefully 134 Cambodia edit Cambodia has backed China over the dispute in ASEAN meetings preventing consensus over unified ASEAN action 135 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 ousting 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 136 India edit See also China India relations India says that the South China Sea was part of global commons and India has an abiding interest in peace and stability in the region We firmly stand for the freedom of navigation and overflight and unimpeded lawful commerce in these international waterways in accordance with international law notably UNCLOS This was seen as largely backing the US position 137 Indonesia edit See also China Indonesia relations and North Natuna Sea nbsp Indonesian Air Force F 16 Fighting Falcon flying over what appeared to be a PLAN Type 903 replenishment ship on the disputed waters off the coast of Natuna Islands Riau Islands 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 138 and often positioned itself as an honest broker 139 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 140 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 141 In November 2015 Indonesia s security chief Luhut Pandjaitan said Indonesia could take China before an international court 142 Indonesia filed a comment with the Permanent Court of Arbitration regarding China s claim in the arbitration 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 143 On 21 March 2016 minister for fisheries and maritime affairs Susi Pudjiastuti summoned the Chinese ambassador Xie Feng and discussed this matter 143 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 144 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 Pandjaitan said it was meant to send a clear message that Indonesia was very serious in its effort to protect its sovereignty 145 Following the Permanent Court of Arbitration decision on 12 July 2016 Indonesia called on all parties involved in the territorial dispute to exercise self restraint and to respect applicable international laws 146 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 147 nbsp KRI Sutedi Senoputra 378 background KRI Tjiptadi 381 centre and KRI Teuku Umar 385 foreground These ships are often stationed in the Natuna Regency to protect Indonesian territory and its EEZ Indonesia s EEZ extends 200 nautical miles 370 km from its shores which around Natuna means it is slightly intersected by China s nine dash line defining its widely disputed claim to most of the South China Sea In 2014 2015 the presence of the TNI on the islands was reinforced which the Indonesian government hoped would reduce the chance of any conflict 148 Then in early 2020 a further 600 troops were deployed and eight navy warships from the Indonesian Navy including Ahmad Yani class frigates Bung Tomo class corvettes and Kapitan Pattimura class ASW corvettes were sent to the area with support from the Indonesian Navy Naval Aviation CN 235 MPA the Indonesian Air Force also sent 4 F 16 and a Boeing 737 2x9 Surveillance and put BAE Hawk aircraft nearby on alert after Chinese fishing vessels increased illegal activity within the EEZ escorted by a Chinese Coast Guard vessel A recent visit to the area by President Joko Widodo displayed Indonesia s resolve to not overlook such incursions 149 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 150 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 151 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 152 Prime Minister Lee Hsien Loong said during his official visit to the US that he hoped all countries will respect international law and the outcome of arbitration 153 The spokesperson of China Hua Chunying responded in a press conference said that the award by the Arbitral Tribunal was illegal and invalid and thus not binding at all She urged Singapore to respect China s position stay objective and impartial 154 Sri Lanka edit Kabir Hashim General Secretary of the United National Party has said that the South China Sea disputes should be resolved through bilateral talks between China and the countries concerned rather than being subject to external forces 155 Thailand edit Thailand as one of the member of ASEAN played a coordinating role in facilitating China and ASEAN members involved in the dispute in hope of reaching peaceful resolution Despite its domestic political turmoil the Thai government relied on its Ministry of Foreign Affairs expertise on international dispute It took the initiative to hold several meetings with parties concerned Thailand s first attempt was hosting the ASEAN China Senior Officials Meeting Retreat in Pattaya Thailand 2012 Via this meeting Wang Yi the Chinese Foreign Minister called for a joint development of resources in South China Sea Bangkok was viewed as a South China Sea neutral player because it is not a claimant and did not have disputes in the South China Sea with China 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 Thai China relationship was generally seen as positive Thailand s neutral position enabled it to act as a mediator and influence discussions among parties involved 156 United States edit See also China United States relations and East Asian foreign policy of the Barack Obama administration nbsp SOUTH CHINA SEA UP FOR GRABS INR 1971 In 1974 the PRC received a non involvement promise from the United States when it occupied the Yagong Island and the Crescent Group from South Vietnam 38 The United States officially addressed the South China Sea dispute for the first time in 1995 when its statement focused on the peaceful resolution of disputes peace and stability freedom of navigation neutrality over the question of sovereignty and respect of maritime norms 157 The 1995 statement did not name any states by their names The 1995 policy was changed in 2010 when the administration of the President Obama felt that even though the United States cannot take sides in the dispute it still has to make a statement that it is not passively accepting the assertive actions taken in the region 158 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 159 160 Her comments were countered by China s Foreign Minister Yang Jiechi as in effect an attack on China and he warned the United States against making the South China Sea an international issue or multilateral issue 161 In 2012 a United States State Department press statement identified the PRC as an assertive state in the region and communicated United States concerns about the developments in the area 162 Also in 2012 Secretary 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 163 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 164 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 165 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 166 USN CNO Jonathan Greenert then pledged American support to the Philippines in its territorial conflicts with the PRC 167 The Chinese Foreign Ministry asked the United States to maintain a neutral position on the issue 168 In 2014 and 2015 the United States continued freedom of navigation operations FONOPs including in the South China Sea 169 In May 2015 the Wall Street Journal reported that the US Navy regularly conducts freedom of navigation transits in the region but has yet to receive explicit authorization from the administration to do so within 12 nautical miles of the artificial islands 170 At the Shangri La Dialogue on May 30 2015 Secretary of Defense Ash Carter drew attention to China s artificial islands stating that China is out of step with international rules as turning an underwater rock into an airfield simply does not afford the rights of sovereignty or permit restrictions on international air or maritime transit All countries should have the right to freedom of navigation and America alongside its allies and partners in the region will not be deterred from exercising these rights 171 On September 18 2015 the Chinese Foreign Ministry replied by stating that China like the US champions navigation freedom in the South China Sea but opposes any country s attempt to challenge China s territorial sovereignty under the pretext of safeguarding navigation freedom 172 171 At the start of October 2015 the US Department of Defense made it clear that a FONOP within 12 nautical miles of one of China s artificial islands was not a question of if but when 173 and by mid October 2015 US officials said the FONOP was expected within days 174 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 175 171 This was the first time since 2012 that the US has directly challenged China s claims of the island s territorial limit 176 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 177 nbsp The USS Carl Vinson underway in the South China Sea 2017 President Trump s administration increased the frequency of freedom of navigation operations in the South China Sea 178 In June 2020 US Ambassador to the United Nations Kelly Craft sent a letter to the U N secretary general explaining the US position on China s excessive maritime claims 179 On 14 July 2020 US Secretary of State Mike Pompeo declared China s claims and coercions of in parts of the South China Sea completely unlawful 180 On 26 August 2020 the US sanctioned individuals and 24 Chinese companies linked to construction and militarization of the artificial islands 181 Publications by US think tanks have made recommendations for courses of actions that the United States could take in response to PRC activities in the South China Sea 182 183 The US Navy has conducted freedom of navigation drills in the South China Sea to counter Vietnamese claims in the region particularly around the Con Đảo islands 184 The US Japan and the Philippines conducted military exercises intended to ensure that all countries are free to fly sail and operate wherever international law allows on April 7 2024 in advance of a planned trilateral summit The Southern Theater Command of China s PLA issued statements saying it was organizing joint naval and air combat patrols in the South China Sea and All military activities that mess up the situation in the South China Sea and create hotspots are under control 185 Disputes vs UNCLOS editMain article United Nations Convention on the Law of the Sea One observer a visiting assistant professor of international law at De La Salle University Philippines remarked 29 388 While the PRC ROC and Vietnam claim the entire Spratly archipelago because of what they perceive to be their historical right to the area Brunei Malaysia and the Philippines base their respective claims on the stipulations regarding continental shelves outlined in UNCLOS While some would argue 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Scarborough Shoal RAND Corporation Retrieved 30 July 2020 Navy challenges Vietnamese claims to seas around resort island in South China Sea Stars and Stripes China says it conducted military drills in South China Sea on same day as US and allies Archived from the original on 7 April 2024 Retrieved 7 April 2024 Sources edit Bateman Sam Emmers Ralf eds 2008 Security and International Politics in the South China Sea Towards a co operative management regime illustrated ed Taylor amp Francis ISBN 978 0 203 88524 6 Retrieved 10 March 2014 Kivimaki Timo ed 2002 War Or Peace in the South China Sea Contributor Nordic Institute of Asian Studies illustrated ed NIAS Press ISBN 978 8791114014 ISSN 0904 597X Retrieved 10 March 2014 Morley James W Nishihara Masashi eds 1997 Vietnam Joins the World M E Sharpe ISBN 978 0 7656 3306 4 Retrieved 10 March 2014 Nordquist Myron H Moore John Norton 1998 Security Flashpoints Oil Islands Sea Access and Military Confrontation twenty first Annual Seminar Held at the UN Plaza Hotel in New York City from February 7 8 1997 Martinus Nijhoff Publishers ISBN 978 90 411 1056 5 Pak Hŭi gwŏn 2000 The Law of the Sea and Northeast Asia A Challenge for Cooperation Publications on Ocean Development Vol 35 Martinus Nijhoff Publishers ISBN 978 9041114075 Retrieved 10 March 2014 Severino Rodolfo 2011 Where in the World is the Philippines Debating Its National Territory illustrated ed Institute of Southeast Asian Studies ISBN 978 9814311717 Retrieved 10 March 2014 Wortzel Larry M Higham Robin D S 1999 Dictionary of Contemporary Chinese Military History illustrated ed ABC CLIO ISBN 978 0 313 29337 5 Retrieved 10 March 2014 Further reading editLibrary resources about Territorial disputes in the South China Sea Resources in your library Resources in other libraries Dupuy Florian Dupuy Pierre Marie 2013 A Legal Analysis of China s Historic Rights Claim in the South China Sea American Journal of International Law 107 1 121 141 doi 10 5305 amerjintelaw 107 1 0124 S2CID 55162381 Kittrie Orde 2016 Lawfare Law as a Weapon of War New York NY Oxford University Press pp 161 168 ISBN 9780190263577 Retrieved 31 May 2020 Lorteau Steve 2018 China s South China Sea Claims as Unprecedented Sceptical Remarks Canadian Yearbook of International Law 55 79 99 doi 10 1017 cyl 2018 6 S2CID 158337369 Bautista Lowell B December 2011 Philippine Territorial Boundaries Internal Tensions Colonial Baggage Ambivalent Conformity PDF JATI Journal of Southeast Asian Studies 16 35 53 Archived from the original PDF on 30 July 2013 Bonnet Francois Xavier November 2012 Geopolitics of Scarborough Shoal PDF Irasec s Discussion Paper 14 Institut de Recherche sur l Asie du Sud Est Contemporaine Research Institute on Contemporary Southeast Asia Corr Anders 2017 Great Powers Grand Strategies The New Game in the South China Sea US Naval Institute Press Raine Sarah Le Miere Christian 2013 Regional Disorder The South China Sea Disputes Routledge for IISS Rowan Joshua P 2005 The U S Japan Security Alliance ASEAN and the South China Sea Dispute PDF Asian Survey 45 3 414 436 doi 10 1525 as 2005 45 3 414 Archived from the original PDF on 16 August 2010 Townsend Gault Ian Miller Meredith Schofield Clive Storey Ian Cook Tim Djalal Hasjim July 2011 From Disputed Waters to Seas of Opportunity Overcoming Barriers to Maritime Cooperation in East and Southeast Asia NBR Special Report 30 The National Bureau of Asian Research Cook Tim 17 June 2011 Rising Tensions in the South China Sea An interview with Ian Storey The National Bureau of Asian Research Retrieved 5 February 2020 Tupaz Edsel 27 April 2012 Sidebar Brief The Law of the Seas and the Scarborough Shoal Dispute JURIST Archived from the original on 15 June 2018 Retrieved 31 July 2012 Van Quyet Luu and Nguyen Thi Anh Nguyet US Vietnam maritime security cooperation in the South China Sea From the Obama administration to the current Biden administration Cogent Arts amp Humanities 10 1 2023 2231697 online Weissmann Mikael 2010 The South China Sea Conflict and Sino ASEAN Relations A study in conflict prevention and peace building PDF Asian Perspectives 34 3 35 69 doi 10 1353 apr 2010 0013 S2CID 54492222 Archived from the original PDF on 28 July 2014 Yea Andy 2011 Maritime territorial disputes in East Asia a comparative analysis of the South China Sea and the East China Sea Journal of Current Chinese Affairs 40 2 165 193 doi 10 1177 186810261104000207 Zhang Ketian Cautious Bully Reputation Resolve and Beijing s Use of Coercion in the South China Sea International Security 44 1 Summer 2019 117 159 External links editWebsite of the Chinese National Institute for South China Sea Studies Website of the Vietnamese Program for South China Sea Studies Archived 3 January 2016 at the Wayback Machine Chương trinh nghien cứu Biển Đong in Vietnamese Antonio T Carpio Historical Facts Historical Lies and Historical Rights in the West Philippine Sea PDF IMOA ph Retrieved 6 December 2022 the published presentation notes including supportive illustrations and footnotes for a presentation at the Philippine Institute for Marine and Ocean Affairs of the Lopez Museum and Library event release Retrieved from https en wikipedia org w index php title Territorial disputes in the South China Sea amp oldid 1220269094, wikipedia, wiki, book, books, library,

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