Following a regional security conference organized at Kuala Lampur,
Albert del Rosario, the Secretary of Foreign Affairs of the Philippines,
stated that, "As a means of de-escalating tensions in the region, the
Philippines fully supports and will pro-actively promote the call of the
United States on the 'three halts'- a halt in reclamation, halt in
construction and a halt in aggressive actions that could further
heighten tensions.”
The
Foreign Affairs Secretary was quick to add that the Philippines would
only observe these commitments if other claimants in the South China Sea
dispute, including China, agree to do the same.
The South China Sea Issue
The South China Sea issue is one of the most compelling examples of maritime
geopolitical disputes
in the modern day, with several nation-states laying claim over the
sea. The claimants include Brunei, China, Malaysia, the Philippines,
Taiwan and Vietnam.
The Spratly Islands- at the heart of the
dispute- are a collection of 750 islands, reefs, cays and atolls in the
South China Sea. The region is rich in extensive natural gas and oil
reserves and is recognized for the fishing opportunities it offers. The
islands enjoy a strategic location in Northeast Asia’s most prominent
maritime commerce routes; the waterway facilitates international
sea-borne trade worth $5 trillion every year.
It is widely
acknowledged that authority over the islands will allow the controlling
party unprecedented clout over any and all maritime activity in the
region. As such, whoever controls the South China Sea will enjoy a
monopoly over resources, commerce, military influence and geopolitical
power in the region.
Tensions came to a head in 2014 when China began
construction artificial islands
in the sea. China has staked a claim over 3000 acres in the region,
over the course of the last one-and-a-half years. The figure far
outstrips the comparatively paltry 100 acres that have been reclaimed by
Malaysia, the Philippines, Taiwan and Vietnam spread over four decades.
U.S. Concerns Over South China Sea ‘Militarization’
The
United States remains opposed to the South China Sea island building
project over the threat it poses to peace and security in the region.
The South China Sea has become a severely disputed region, with numerous
claimants, and the United States is concerned that any move to further
these declarations will escalate hostilities.
Even as the primary
players continue to debate the economic and trade repercussions of China
establishing control over the entire sea, Washington’s reservations are
rooted along security and military lines. The construction of military
structures on the islands creates a severe threat to stability in the
region- an issue that has become a priority matter ever since the
proposed use of the South Johnson Reef as a Chinese air base has come to
light. Both the United States and Japan have formally expressed
reservations over the possibility of China establishing maritime
monopoly in the region.
U.S. Calls For ‘Three Halts’
In a
bid to stabilize the situation and prevent the militarization of what is
primarily a political and diplomatic conflict as yet, the United States
has called for all the disputants in the South China Sea issue to
observe ‘three halts’:
- The stoppage of building infrastructure and islands in the sea.
- A stop to repossessing and reoccupying different islands in the sea.
- Desisting from any provocative action that carries the potential to exacerbate the conflict.
Washington is committed to helping all the involved actors contain the conflict and solve the same through diplomatic channels.
The Chinese Position
Beijing
maintains that China’s activities in the South China Sea fall within
the purview of the country’s sovereign territorial rights. Asked to
comment on the issue in March 2015, Foreign Ministry Spokesperson Hua
Chunying said, “China’s normal construction activities on our own
islands and in our own waters are lawful, reasonable and justifiable”.
In
the months since, China has offered greater insight into its actions in
the region, claiming that the work on the islands was aimed at
improving the livings conditions of those already inhabiting the
islands. In a statement in April 2015, Ms. Chunying asserted that China
has worked on the garrisons on the islands with a view to “Optimizing
their functions, improving the living and working conditions of
personnel stationed there, better safeguarding territorial sovereignty
and maritime rights and interests, as well as better performing China’s
international responsibility and obligation in maritime search and
rescue, disaster prevention and mitigation, marine science and research,
meteorological observation, environmental protection, navigation
safety, fishery production service and other areas.”
By way of
these explanations, Beijing has sought to establish its historical claim
to the islands, stressing the existence of its structures and
properties in the region prior to the dispute becoming an international
issue. Beijing has also emphasized its intention to use the islands for
public benefit, advancement and security.
In the time since,
Chinese Foreign Minister Wang Yi, speaking at the recent bilateral
talks, has shared that the general situation in the region is stable and
that China is ready to work with all the concerned parties vis-a-vis
regional peace and stability. Wang has asked that the dispute be
resolved peacefully through negotiations and consultations.
International Law And Island Building
Under
the United Nations Convention on the Law of the Sea (UNCLOS), countries
must abide by the maritime jurisdiction awarded to them as per
international law and recognise the rights of other countries over their
portions of the world's oceans. As such, countries cannot lay claims to
the islands, marine life, natural resources and trade activities in the
waters belonging to another country. The convention also stipulates
that submerged entities that cannot sustain human habitation or economic
activities will not be recognized as exclusive economic zones. This
means that even if China were to establish its claim on the
Spratly Islands,
it would still control only 12 nautical miles of territorial waters
without any exclusive economic privileges over at the same.
Other
states in the region have recognized a catch in the aforementioned law:
if any of the submerged entities are converted into islands capable of
and characterized by human habitation, the UNCLOS stipulations
would cease to apply. This realization has served as the primary driving
force for the other states’ opposition to China’s construction of
manmade islands on submerged bodies in the South China Sea.
The
Chinese constructions are also in direct violation of the 2002
Declaration on the Conduct of Parties in the South China Sea. As per the
treaty, the signees are to desist from engaging in any actions that
carry the potential to escalate tensions amongst them. The agreement
parties, of which China is one, have also vowed to refrain from
inhabiting any uninhabited islands. As per international law experts,
the creation of new islands is in contravention of this law. South
Johnson Reef is known to house numerous buildings, including a maritime
observation center and is rumored to be in the process of being
militarized (for an airstrip). Philippines and Taiwan already have
airstrips in the Thitu and Taiping islands respectively.
Kerry Calls For Ending Dispute
In a bilateral meeting held on the 5
th
of August, 2015 in Kuala Lumpur, Malaysia, the U.S. Secretary of the
State, John Kerry, urged China to halt its land reclamation projects in
the South China Sea.
Drawing attention to the need to find a
solution to the territorial conflict via peaceful channels in keeping
with international law, Mr. Kerry said that, “We want to ensure the
security of critical sea lanes and fishing grounds, and we want to see
that disputes in the area are managed peacefully and on the basis of
international law.”
While the United States is keen to find a
solution to the South China Sea issue, China has maintained that the
issue should be resolved internally between the concerned parties,
without any external involvement and influence.
China Halts Construction
In
the most recent development to the South China Sea case, China has
announced that it has halted island construction. As per a statement
made by Foreign Minister Wang Yi, Beijing has agreed to halt land
reclamation in the sea and called for talks on how all the claimant
states should conduct themselves in the disputed water body.
The minister clarified that while new reclamation and
construction projects
would not be undertaken, Beijing intends to continue its projects on
the territories it has already claimed. In keeping with efforts to
diffuse tensions and stabilize political ties in the region, China has
assured its neighbors that it will not interfere with either the
maritime or the over-flight activities of other states in the region.
Whether
China will continue observing the halt on a long-term basis will only
be established with time; for now, authorities are hoping it will
alleviate Sino-U.S. tensions and keep regional hostilities over the
South China Sea issue from mounting.
Source: http://www.valuewalk.com/2015/08/the-south-china-sea-issue/99999/
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