HARMUN Chair Report The Question of the South China Sea Head Chair -William Harding will_harding@student.aishk.edu.hk
Introduction Placed in between the Taiwan Strait and the Straits of Malacca Straits of Malacca are some of the most disputed waters in the world. It has been hypothesized that this area of ocean, the South China Sea, could very well become the place for the next large conflict to break out. Opposing countries have wrangled over territory in this body of water, but tensions have steadily increased recent years, in particular over the question of maritime law in regards to the two highly disputed archipelagos: the Spratly and Paracel islands. The relevant nations in the Spratly islands that take most part in the conflict are the People s Republic of China and the Philippines. However, Brunei, Malaysia, Taiwan, and Vietnam are also involved in the topic concerning differing ownership, each and every one occupying a portion of the maritime features, except for Brunei. The Peoples Republic of China, by far, claims the biggest portion of disputed territory an area defined by the nine dash line, citing its claims back to a map in 1947. As for the Paracel islands, the dispute hotly revolves around Vietnam and China. The question of who gets control over each of the archipelagos stems from economic and strategic reasons. Both hold suspected, significant crude oil reserves, as well as control of strategic shipping lanes in the region. Main Issues China s artificial islands China is actively building artificial islands in the South China Sea, turning them into military and logistical bases. Beijing already has at least seven such bases, equipped with access channels, helipads, radar facilities, gun and missile emplacements, piers, military facilities and other objects of strategic importance.
China s government had started its land reclamation and construction efforts on the reefs in early 2014. The main reason for such actions by China, is the US intention of controlling international trade in the Indian Ocean and the Pacific or even monopoly of trade control in those waters. The US strategists are concerned about the rise of Chinese naval forces and Chinese expansion in the Pacific Ocean. Particularly, they aimed to prevent a situation where China will be able to defend particular zones of sea communications from foreign intervention. The U.S. strategic purpose is to seal off the PLA Navy in the South China Sea and in limiting its operational freedom of movement and allow for the encirclement of China by land. Building up the reefs in the South China Sea, China pursues multiple objectives, including ensuring the safety of expanding shipping lanes, extending maritime protection to its regional waters, and developing capabilities to conduct non-conventional security operations outside the region. The PLA Navy has sufficient self-defence capabilities, but deficiency in crossregion operations and force projection is evident, thought Beijing is trying to change that. One of the main issues with this however, is the alleged statement that China is stealing soil from the Philippines in order to construct these artificial islands. There have been numerous leaked images which show large amounts of soil being transported. The Philippines is in complete opposition to this, also considering the large amounts of environmental damage that are occurring this is a pressing issue. The Newly Elected President of the Philippines The recently elected president was voted into office with an extremely large majority. He has made promises to eliminate all crime and foreign issues in the Philippines through being tough and ruthless. However he has followed through with his promise to eliminate crime in the Philippines, however his negotiation skills with other nations are that which demand all compliance with him. Beijing potentially offered $24 billion dollars in October of 2016, such funds would have been used as aid in the Philippines in exchange for to work together on the maritime dispute. However recently Duterte made the decision to place a maritime sanctuary at Scarborough Shoal which potentially could rekindle the conflict more than ever. The leader of the Philippines Rodrigo Duterte has nearly ceased relations with the United States and now is showing hostility towards Beijing, potentially meaning that they Philippines will have to fend for themselves in the ongoing political conflict that exists between Beijing and the Philippines.
The global community has fears for the Philippines, there President is butchering relations with most of the world. He has openly spoke out against the European Union and its member nations, the United States of America and the Peoples Republic of China. The worry exists that Duterte might worsen the situation between Beijing and the Philippines, he has already severed some relations as well as previous treaties and or solutions that have been put forward. He is a promising leader and saviour for the people of the Philippines however a loose cannon towards the global commons. Nine Dash Line According to former Philippine President Benigno Aquino III, "China's nine-dash line territorial claim over the entire South China Sea is against international laws, particularly the United Nations Convention of the Laws of the Sea (UNCLOS)". Vietnam also denied the Chinese claim, stating that it is baseless and in contradiction the UNCLOS. In 2010, at a conference in Hanoi, Secretary of State Hillary Clinton declared that "The United States has a national interest in freedom of navigation, open access to Asia's maritime commons, and respect for international law in the South China Sea". The United States of America has also asked for the unfettered access to the area that China claims as its own, and accused Beijing of taking an increasingly aggressive stance on the high seas. Parts of China's Nine-Dash Line over cross Indonesia's exclusive economic zone near the Natuna islands. Indonesia believes China's claim over parts of the Natuna islands has no legal basis. In November 2015, Indonesia's security chief Luhut Panjaitan said Indonesia could take China before an international court if Beijing's claim to the majority of the South China Sea and part of Indonesian territory is not resolved through dialogue. As early as 1958, the Chinese government released a document pertaining to its territorial limits, stating that China's territorial waters cover twelve nautical miles, and announcing that this provision applies to "all the territory of People's Republic of China, including the Chinese mainland and offshore islands, Taiwan and its surrounding islands, the Penghu Islands, the Dongsha Islands, Xisha Islands, Zhongsha Islands, the Nansha Islands and other islands belonging to China". Some parties have questioned the jurisdiction of the United Nations Convention of the Laws of the Sea on the dispute, arguing that the convention does not support claims based on sovereignty or title, and instead raises the right to continue using the waters for traditional purpose.
Main Stakeholders People s Republic of China (PRC) China is arguably the most influential party in the conflict. Its militarization of the islands far surpasses any of its counterparts. Beijing s official claim is based off of UNCLOS and history, particularly from records of Chinese fishermen and explorers from since the Han Dynasty. Taiwan also mirrors these claims. However, China only recognizes that the dispute began in the 1970s, when reports of massive oil reserves began to surface and several ASEAN nations frantically rushed to lay claims. Most recently, China has become more aggressive in the area and has also shown increased frustration with US involvement in the region. Vietnam Vietnam hotly disputes China s historical account, claiming China had never claimed proper sovereignty before the 1940s, producing documents that supposedly prove Vietnam actively ruled over both the Paracels and Spratlys since the 17th century. Followed after China as most militarized, Vietnam has also had a history of violence in the region in 1974 and 1988, both times suffering losses and defeat. As tensions have spiked between Vietnam and China, protests have likewise surfaced in both countries and their embassies. Vietnam has conducted some land reclamation activities but unapproachable in scale and scope of China s building program. Philippines Another major claimant to the region is the Philippines, which invokes its geographical proximity to the Spratly islands as the main basis of its claim for part of the grouping. The The Hague International Model United Nations, Singapore 2016 XII Annual Session Research Report Page 5 of 9 Philippines had previously participated in a stand-off with China in 2012, including the deliberate run-aground of its own ship onto the islands. As of October 29, 2015, the Philippines has taken a legal route to deter China s increased advancements, contending the nine-dotted line claimed by China. Malaysia
Malaysia also lays claim to territory in the South China Sea, stating that they fall within their economic exclusion zone, as defined by UNCLOS. To be clear, its claims are not heavily concerned with the Spratlys or Paracels; rather, Malaysia finds that there are a small number of islands in the Spratlys that lie under their economic exclusion zone. As such, they have become a relatively minor actor in the region United States of America (USA) The US holds a pivotal role to the region. The Obama administration s efforts to strengthen ties with and within ASEAN has raised questions over the future of US interests in South- East Asia. However, currently, the US claims regarding China have been self-evident in showing its policy and ambivalence towards militarization in the region. If military conflict were to break out, this would have heavy repercussions on the global economy and the loss of economic goods in trade routes. Moreover, the US also has obligations toward several of its defence treaties. In 2014, it signed a defense pact with the Philippines known as the Enhanced Defence Cooperation Agreement, which included increased rotational troop presence and more joint training. Not to mention, its warship and carrier battle group patrols have become worrisome to many, as well as its B-52 flyover on December 19, 2015. Areas of Further Research United Nations Convention on the Law of the Sea, 10th December 1982 Declaration on the Conduct of Parties, 2002 Enhanced Defence Cooperation Agreement, 28 April 2014 The Permanent Court of Arbitration hears the Philippines, 29th October 2015 Keeping In the South China Sea, August 2014: https://www.brookings.edu/wpcontent/uploads/2016/06/south-china-sea-perspective-bader-lieberthal-mcdevitt.pdf The South China Sea in Focus, July 2013: https://csis-prod.s3.amazonaws.com/s3fspublic/legacy_files/files/publication/130717_poling_southchinasea_web.pdf