Definition of key terms

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1 Committee: Security Council Issue title: Terriotorial disputes over the South China Sea Submitted by: Stuart Verkek, Deputy President of Security Council Edited by: Kamilla Tóth, President of the General Assembly Introduction The South China Sea (SCS) is a minor sea next to the Pacific Ocean. Around 3.5 million square kilometres to the east of southeast China are covered by the SCS. The nations Brunei, China, Malaysia, the Philippines, Taiwan, and Vietnam are involved in territorial disputes due to their claim of the continental shelves, islands, islets, reefs and Exclusive Economic Zones (EEZs) The reason this relatively small sea is of such high importance to its surrounding nations can be addressed to several factors. Fish stocks are decreasing rapidly in the world s waters and because of this the SCS is seen as a resource of different fish species for local and international fishing industries. Additionally, more than 30% of the world s cargo shipping passes through this sea. For that reason, the control of this area is desirable for a nation s international interest. In the soil of the SCS there are large natural gas and oil reserves to be found so as a result, international shareholders are attentive to these disputes. The quick drainage of energy sources such as fossil fuels, raw materials underneath the ocean and its revenues play an essential role in the territorial disputes around this sea. The diversity of causes is what makes this issue so complicated and the situation in the sea so intricate. Different zones are being used and exploited for profit for nations and stakeholders who do not lawfully own these zones. Territorial disputes and the power imbalance in the South China Sea is a term used to overview multiple disputes in and around this sea between states and nations neighbouring this area. All the conflicts together lead to a constant increase of friction between the nations concerned and could lead to armed conflict in Southeast Asia. Immediate action is called for and the Security Council ought to find a solution to this issue. Definition of key terms Territorial dispute A territorial dispute is a disagreement over the possession or control of land between two or more territorial entities or over the possession or control of land.

2 United Nations Convention on the Law of the Sea (UNCLOS) The UNCLOS, which has come into effect in 1994, is a treaty signed and ratified by most UN member states. It was established to define the rights and responsibilities of nations with respect to their use of the world s oceans, establish guidelines for businesses, the environment, and the management of marine natural resources. The treaty is used as argumentation for many claims and rejections of claims. Nine-Dash Line The claims China and Taiwan make on the SCS are justified and defined by this demarcation line. Their claims are more historically than lawfully motivated and do not find much ground in the UNCLOS treaty. Both nations use a dashed line instead of a contiguous line, which means that it isn t completely clear how the dashes would join up. Exclusive Economic Zone (EEZ) An exclusive economic zone (EEZ) is a sea zone prescribed by the United Nations Convention on the Law of the Sea over which a state has special rights regarding the exploration and use of marine resources, including energy production from water and wind. It stretches from the baseline out to 200 nautical miles (nmi) from its coast. In colloquial usage, the term may include the continental shelf. The term does not include either the territorial sea or the continental shelf beyond the 200 nmi limit. The difference between the territorial sea and the exclusive economic zone is that the first confers full sovereignty over the waters, whereas the second is merely a "sovereign right" which refers to the coastal state's rights below the surface of the sea. The surface waters, as can be seen in its map, are international waters. Spratly Islands Dispute The Spratly Islands are a group of islands located in the South China Sea. Most countries with claims in the sea also have claims on some of the islands. The nations laying claims are not as much interested in the sovereignty over one of the islands as much as they are in the sovereignty over the sea immediately surrounding it. This means they can press jurisdiction over fisheries, maritime trade in the area and expeditions for oil and gas fields. Brunei, the People s Republic of China, Republic of China, Malaysia, the Philippines and Vietnam all lay claims on at least some of the Spratly Islands.

3 General overview History Due to sovereignty claims by several influential nations and the involvement of multiple courts and other methods of arbitration, the issue is a high profile conflict and well known in international spheres. This is not only a quite sensitive issue, but also a historical one as well. Around 300 BC, China had already pressed claims on parts of the SCS, specifically the Spratly Islands, since its population had been using it as a base to fish from. In the 19th century the first territorial dispute came on the Spratly Islands as well on the Paracel Islands. Vietnam was the one claiming sovereignty over the Paracel Islands, which China objected to. Furthermore, Germany tried to take over the islands in the colonial period, which China objected to as well. The 1887 Convention Respecting the Delimitation of the Frontier Between China and Tonkin after the Sino-Franco war was considered one of the most important pieces of literature. In this treaty, France discussed the division of land, which excluded both Paracel and Spratly Islands from the sovereignty of China on behalf of Vietnam and China. Vietnam was included in the French colonial empire in the nineteenth century. The French navy was well developed in comparison with local naval ships and France s presence in the SCS was one of the factors that started territorial disputes. After World War II., however, the conflicts cleared up. Vietnam was conquered by Japan and included in Indochina during this war. After Japan stepped down, the Vietnamese empire was declared and France never returned. The disputes started in the nineteenth century and further escalated in the first half of the twentieth century. The sovereignty over the entire Spratly archipelago, which was under Japanese rule, was claimed by China immediately after the end of World War II. The western world was in agreement with this claim and it was put on paper in the Potsdam and the Cairo Declarations. Nonetheless, Vietnam disputed the Chinese claim of the Spratly islands. Vietnam carried out their disregard of the claim by building structures on a couple of the islands. As well as China and Vietnam, Brunei, Malaysia and the Philippines also have claims on the islands.

4 Importance The SCS is part of one of the most important trade routes between the United States and the Middle East. The sea connects the Indian Ocean and the Middle East with the Pacific Ocean. Additionally, it is estimated that one third of the global maritime trade passes through the SCS. Thus, all of these factors make the possession of islands and sea areas in the SCS desirable for the nations concerned, since the possession is of high strategic importance. Claiming these territories have also opened up new concerns regarding freedom of navigation. The USA claims that she should have access to absolute freedom of action in the area, including installments of full time surveillance and military presence. On the other hand China states that she disagrees, and military actions in the zone should be limited for the safety of the country and its citizens. This issue has been hindering China and the USA to come to common terms and establish a peaceful relationship since decades. Additionally, possessing islands and sea areas in the SCS has economic benefits as well. The first one being that a large diversity of fish and shellfish live in this sea. Coastal regions of the SCS are highly dependent on the fishing industry and locals are employed in the industry, which creates a money flow for governments, especially because of the increasing price of fish. The second economic benefit is the oil and gas resources below the seabed. Natural gas and crude oil are extremely valuable and are in high demand nowadays. Some of the claims of the SCS are a lot easier to understand when compared to a map of estimated oil quantity in the region. Areas of dispute Nine-Dash Line The line is used by the People s Republic of China to lay their claims, which include almost the entire SCS. The main argument China uses is that they have the historical right to be demarcated by the line. The claim, however, lacks international support and is disputed by the fact the claimed area overlaps with EEZs of Brunei, Indonesia, Malaysia, the Philippines, Taiwan and Vietnam Maritime boundary along the Vietnamese coast The area along the coast of Vietnam is interesting for governments, since it is estimated that there are between 1 and 2,5 billion barrels of oil to be gained from the seabed in that area. China, Taiwan and Vietnam lay claims in this area close to Vietnamese territory in order to set up an off-sea project there. Maritime boundary in the waters north of Borneo

5 This conflict might be one of the most difficult ones to solve, although no conflict mentioned is considered easy. Because the north of Borneo is Indonesian, Malaysian and Bruneian, it is hard to recognize this area as the property of one of these countries. Besides that, oil plays a major role in this dispute once again. Islands, reefs, shoals and banks in the South China Sea The Paracel Islands, the Pratas Islands, Macclesfield Bank, Scarborough Shoal and the Spratly Islands are of strategic importance and are a cause of great conflicts. They are disputed by China, Taiwan and Vietnam and partially by Malaysia and the Philippines. The countries concerned are looking for ways to add these landmarks to their territory. Maritime boundaries in the waters north of the Natuna Islands The islands are located in between the north of Borneo and west Malaysia in the SCS. These islands are disputed by China, Indonesia and Taiwan. Maritime boundaries off the coast of Palawan and Luzon The islands Palawan and Luzon are located in the west of the SCS near the Philippines. China, The Philippines and Taiwan are involved in this issue. Maritime boundary and islands of Sabah The seabed around Sabah, an originally Indonesian island, is plenty with oil and the sea area around it is therefore highly desired. There are conflicts between Indonesia, Malaysia, and the Philippines about this sea area. Major parties involved China Having pressed the most claims, of which the Nine-Dash Line, China is the most active nation on this issue. Their willingness to create an EEZ has had a lot of international interest, since about $5.3 trillion of maritime trade passes through the SCS yearly. Philippines The Philippines are by far the most affected nation in the conflict and are the most eager to try to find a solution for this issue. Their primary goal is to discredit China s claims using the UNCLOS and limit China s influence in the SCS, but on the other hand the necessity of keeping China as one of their allies may be

6 more important than pressing their own claim in the SCS. Additionally, the president of the Philippines has sent more military vessels to the conflicting area, what resulted in the conflicts further escalating. Vietnam Vietnam is the most militarily active country in the SCS conflicts having had several run ins with the Chinese navy, although they are still limited in the use of lethal weaponry by the USA due their history of the Vietnam War. However, there have been negotiations between the United States and Vietnam for less strict limitations, due to the rising tensions in the SCS conflict areas. At this moment Vietnam controls 29 islands of the Spratly Islands, the largest number out of all the nations concerned, with 8 islands being controlled by the Philippines, 5 by Malaysia, 2 by Brunei and 1 by Taiwan. USA Because of the economic effects and the repercussions the creation of an EEZ or of a large scale conflict might have, the US have a considerable amount of interest in the issue, despite being quite distant from the conflict. Moreover, the American government has been helping other nations concerned in the issue in monitoring Chinese activity. Possibly the most influential example is the aid for India in helping trying to monitor the activity of Chinese submarines. Russia The Russian government is engaged in the issue with international relations as their main motive, despite claiming that the SCS is not a priority for their foreign policy. They have nearly no concern as to how the conflicts will be resolved. It is expected that the Russian intervening will increase with the issue becoming more strenuous and intense. Indonesia Indonesia differs from other claimants in the SCS, because they are not willing to cooperate. They only press claims on the Natuna Islands and the area surrounding them and have already spread out their military influence. Malaysia Malaysia has laid claims following the UNCLOS and agrees with China on more cooperation in the SCS. They are not an active contributor to this conflict and tend to stay on the side-lines.

7 Taiwan Taiwan claims the exact same areas as the People s Republic of China, because both nations believe they are the rightful owner of China. They also possess the largest island of the Spratly islands. On this issue Taiwan is less engaged than China, for the reason that their military is smaller and less powerful than China s. ASEAN The Association of Southeast Asian Nations (ASEAN) functions as a go-between in this issue. ASEAN consists of ten Southeast Asian countries and their goal is to boost the economic, cultural and political cooperation in Southeast Asia. Timeline of events 1946 China claims the Spratly Islands The Nine-Dash line map first published by the Republic of China s Interior Ministry in Taiwan pressing its sovereignty claims Japan gives up empire and thereby annulling all of Japan s claims to the South China Sea Islands China takes control of the Paracel Islands China captures military constructions of the Philippines 2000 The Philippines troops kill Chinese fishermen and arrest seven The US Senate condemns the military force used by China in the SCS Gas is discovered in oil fields off of the Vietnamese coast China announces their plan of creating Sansha city, which will have its Headquarters on the Paracel Islands.

8 2013 The Philippines states that they will take China to a UN tribunal under the UNCLOS Vietnamese and Chinese vessels have a run in because of a new drilling rig started near the Paracel Islands China has started an infrastructure project on four reclamation sites, according to the Pentagon s Annual Report to Congress 2016 The relations between the Us and Vietnam are formalised China extends their military force in the SCS The Pentagon discredits China by calling out their military ambitions. Previous attempts to solve the issue One of the first attempts at resolving the issue was to follow the UNCLOS. The treaty regulates which part of the sea can be used for what purpose; it regulates the use of waters, the setting of territorial zones, contiguous zones and exclusive economic zones. All nations concerned with this issue have signed and ratified the UNCLOS. However, this still leaves the sovereignty of the Spratly Islands and the Paracel Islands open. ASEAN, acting as a mediator in the conflict, has encouraged applying UNCLOS and finding an agreement on the issue of the two island groups. One of the following attempts, one of the most important has been the ruling of the arbitral tribunal of the United Nations Convention on the Law of the Sea. The case the Philippines brought forward regarded 15 disputes between China and the Philippines, and was supported by Australia, Canada, France, Germany, India, Italy, Japan, United Kingdom, the United States, and Vietnam. The tribunal ruled that 7 of the 15 points made by the Philippines were valid, thereby greatly restricting China s claims to its nine-dash line. Possible solutions There are three main points that should be addressed: control or militarization of the Spratly Islands and Paracel Islands, maritime borders and economic rights (EEZs).

9 The Spratly Islands and the Paracel Islands are being claimed by several nations at the moment. A solution could be to create a multilateral use for the islands, as to benefit all nations and not to disadvantage any parties. Seeing as this will most likely be met with opposition from nearly all nations, another solution could be to give nations individually territorial rights over some of the islands. China has already built military bases on some of the islands. In order to de-escalate the conflicts, there should be found solutions to demilitarize the islands. The issue of the maritime borders in the SCS also requires a solution. One of the most effective solutions would be to enforce the UNCLOS more strictly than is being done right now. Possibly, the EEZs of each nation could be broadened, giving them the opportunity to take advantage of the oil reserves while not crossing any borders and taking from another nation s territory. The EEZs in the area of the SCS need to be addressed as well. There is no clarity regarding military passage of foreign nations, where trade routes can pass and who has the right to fish in what area. Again, following the UNCLOS would be a solution to this problem. There should be made an exception for the Spratly Islands and for the Paracel Islands, since these heavily influence the claims made on the SCS. The most straightforward and most difficult solution to the entire issue would be to have all nations pressing claims to sign a multilateral agreement in which the SCS is divided in every nation s best interest. The difficulty is making such an agreement, since some parties are not willing to cooperate or negotiate about their claims. As the SCS is rich in oil - which has been one of the main reasons for the dispute - establishing joint drills might work as another mean to solve the issue. Providing an equal distribution of resources between the countries in the area would lower the number of causes for which the crisis would still continue. Cooperation with great countries such as the USA might even resolve China s foreign relations. Coming to common grounds on the limitations on surveillance and military presence in the area would resolve confusions and ensure the safety of the countries which are currently under constant danger due to this crisis. However, cooperation should not be limited to only China and the USA; establishing new institutions between Brunei, China, Malaysia, the Philippines, Taiwan, and Vietnam is another approach that may result in peace at the SCS. These institutions can be, but not limited to maritime rescue centers, weather forecast centers, anti-piracy institutions and navigation management stations. These institutions

10 would ensure the safety of people on sea, benefit all nations in the conflict and would decrease the tensions between them. Although, the social damages caused by the crisis is significantly less than the environmental harm, the constant fear within the smaller and less well equipped countries are under constant fear due to the threats surrounding them. As China continues to blockade its claim of the sea and continues not willing to cooperate, the chance of resolving these issues lessens by the minute. Should you have any questions related to the issues feel free to ask the presidents. Afrie Yesilöz President of the SC / arife11@hotmail.hu / Hargita Fülöp Deputy President of the SC / hargitafulop@gmail.com / Stuart Verkerk Deputy President of the SC Useful documents United Nations Convention on the Law Of the Sea (UNCLOS): A map of the South China Sea with claims laid on parts of it by adjacent nations: 551px-South_China_Sea_claims_map.jpg A map showing the Nine-Dash Line: Bibliography

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