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SOUTH CHINA SEA: CONFLICTING CLAIMS AND TENSIONS

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carbon20 View Drop Down
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    Posted: July 16 2016 at 2:45pm

SOUTH CHINA SEA: CONFLICTING CLAIMS AND TENSIONS


Subi Reef, 2015
Photo: Getty Images/DigitalGlobe/ScapeWare3d
Subi Reef, 2015

OVERVIEW

The South China Sea is a critical commercial gateway for a significant portion of the world’s merchant shipping, and hence is an important economic and strategic sub-region of the Indo-Pacific. It is also the site of several complex territorial disputes that have been the cause of conflict and tension within the region and throughout the Indo-Pacific.

 

GEOGRAPHY

Geographically, the South China Sea plays a significant role in the geopolitics of the Indo-Pacific. The South China Sea is bordered by Brunei, Cambodia, China, Indonesia, Malaysia, the Philippines Singapore, Taiwan, Thailand andVietnam. Their recent economic growth has contributed to a large portion of the world’s commercial merchant shipping passing through these waters. Japan and South Korea rely heavily on the South China Sea for their supply of fuels and raw materials and as an export route, although the availability of diversionary sea lanes bypassing the South China Sea provides non-littoral states with some flexibility in this regard. The South China Sea also contains rich, though unregulated and over-exploited fishing grounds and is reported to hold significant reserves of undiscovered oil and gas, which is an aggravating factor in maritime and territorial disputes. The major island and reef formations in the South China Sea are the Spratly Islands, Paracel Islands, Pratas, the Natuna Islands and Scarborough Shoal.

 

TERRITORIAL DISPUTES

Competing claims of territorial sovereignty over islands and smaller features in the South China Sea have been a longstanding source of tension and distrust in the region. The United Nations Convention on the Law of the Sea (UNCLOS), which was concluded in 1982 and came into force in 1994, established a legal framework intended to balance the economic and security interests of coastal states with those of seafaring nations. UNCLOS enshrines the Exclusive Economic Zone (EEZ), a 200 nautical mile area that extends sole exploitation rights to coastal nations over marine resources. However, the EEZ was never intended to serve as a security zone, and UNCLOS also guarantees wide-ranging passage rights for naval vessels and military aircraft.

Maritime disputes in the East and South China Seas

While UNCLOS has been signed and ratified by nearly all the coastal countries in the South China Sea, its interpretation is still hotly disputed. Moreover, legal and territorial disputes persist, primarily over the Spratly and Paracel Islands as well as Scarborough Shoal, the scene of ongoing tensions between China and the Philippines. In terms of the Spratlys, more than 60 geographic features are reportedly occupied by claimants, which consist of Taiwan, Vietnam, the Philippines, China and Malaysia. The Paracel Islands are the subject of overlapping claims by China, Vietnam and Taiwan. China makes the largest claim in the South China Sea, within a ‘dash-line’ map published by the Kuomintang Government in 1947. The ambiguous nine or ten ‘dash line’, which China asserts is based on evidence of historical usage, is disputed by other South China Sea territorial claimants and lacks a legal foundation under UNCLOS.

Everything we hear is an opinion, not a fact. Everything we see is a perspective, not the truth.🖖

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South China Sea: Japan's Abe meets China's Li as maritime tensions flare

Tokyo: Japanese Prime Minister Shinzo Abe and Chinese Premier Li Keqiang met on the sidelines of an international meeting in Mongolia as Asia's two largest economies try to repair a relationship fractured after Japan sided with the West in the South China Sea dispute.

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Beijing slams international ruling

The Chinese government has issued a white paper saying it will not recognise or enforce an international ruling on disputed territories in the South China Sea. Vision courtesy ABC News 24.

Earlier this week, China warned Japan to stop intervening on theSouth China Sea issue after an international court rejected China's claims to more than 80 per cent of the waters.

Liu Zhenmin, a vice-minister for foreign affairs, accused a former Japanese president of the International Tribunal for the Law of the Sea of manipulating "the entire proceedings" behind the ruling. Japanese Foreign Minister Fumio Kishida responded on Friday, saying there was no problem with the Japanese judge's involvement, Kyodo News reported.

international ruling

"China sees the West as trying to obstruct its development," said Bonji Ohara, a research fellow at The Tokyo Foundation think tank and a former military attache in Beijing. "They see Japan as acting on behalf of the West to thwart China. So it's hard for China to seek better relations."

Eight months since the last meeting between Abe and Li, a failure to ease animosities not only threatens Japan's biggest trading relationship, but increases the risk of a military clash over rival claims to uninhabited islands in the East China Sea. Japanese fighter jets scrambled against Chinese jets nearing its airspace a record 199 times in the April-June period, an increase of 85 on the same period last year.

After the Hague tribunal issued its ruling on the South China Sea on Tuesday, Japan's Foreign Minister Fumio Kishida angered China by releasing a statement underscoring the tribunal's verdict as "final and legally binding" on the parties to the dispute.For Abe it could also mean that what seemed like a diplomatic coup 18 months ago has slipped through his fingers. Then, the two countries issued a statement acknowledging differences of opinion over ownership of the East China Sea islands before a summit between Abe and President Xi Jinping.

Workers chat near a map of South China Sea on display at a maritime defence educational facility in Nanjing, showing the ...Workers chat near a map of South China Sea on display at a maritime defence educational facility in Nanjing, showing the nine-dash line claiming most of the area for China.  Photo: Chinatopix/AP

"Japan strongly expects that the parties' compliance with this award will eventually lead to the peaceful settlement of disputes in the South China Sea," Kishida said, adding that Japan has "consistently advocated the importance of the rule of law and the use of peaceful means, not the use of force or coercion" in settling maritime disputes.

While China's main focus may be on its loss of face in the Hague, sparring over the disputed islands in the East China Sea has also intensified, with China alleging that two Japanese fighter aircraft had "provoked" Chinese fighters in June as they patrolled China's self-declared air defense identification zone -- an allegation Japan has denied.

A restaurant worker puts up a banner which partly reads: "South China Sea is Chinas territory" in Beijing.A restaurant worker puts up a banner which partly reads: "South China Sea is China's territory" in Beijing. Photo: AP

Also in June, a Chinese warship was spotted in the contiguous zone outside Japanese-administered waters around the disputed islands. While Chinese coastguard ships frequently sail right into what Japan sees as its territorial waters, no military vessel had previously been seen there.

One reason the improvement in ties did not take root is that the Abe administration doesn't have anyone who can communicate effectively with the Xi administration, said Noriyuki Kawamura, a professor at Nagoya University of Foreign Studies. As a result, no one has been able to fathom the reasons for its behavior, he said, adding that Japan's new ambassador to Beijing will also need time to develop relations.

Chinese Premier Li Keqiang, right, and Japanese Prime Minister Shinzo Abe shake hands during a bilateral meeting held on ...Chinese Premier Li Keqiang, right, and Japanese Prime Minister Shinzo Abe shake hands during a bilateral meeting held on Friday. Photo: Kyodo News/AP

The next opportunity for a top-level meeting will likely be the Group of 20 talks to be hosted by China in September. Ohara said the meeting would be an important not only for bilateral ties between China and Japan.

"I think China will use this as a platform to express its dissatisfaction with what it sees as obstruction of its development by the West and Japan," Ohara said. "China is saying it won't play by the West's rules," he added. "To get along with China in international society, we have to play the same game as them. That means we have to have the same rules and we need to start working those out as soon as possible."

Japanese Prime Minister Shinzo Abe, left, speaks to Chinese Premier Li Keqiang, right, during a bilateral meeting held ...Japanese Prime Minister Shinzo Abe, left, speaks to Chinese Premier Li Keqiang, right, during a bilateral meeting held on the sideline of the 11th Asia-Europe Meeting (ASEM) Summit in Ulaanbaatar, Mongolia. Photo: Kyodo News/AP

Bloomberg

Everything we hear is an opinion, not a fact. Everything we see is a perspective, not the truth.🖖

Marcus Aurelius
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