Policy 101 : Divergent political struggle in South East China sea

Sovereignty

China’s growing assertiveness in strengthening its territorial and sovereignty claims in the South China Sea has arguably intensified friction and deepened tension between the rival claimant States. In sharp contrast to the strong reactions of its fellow ASEAN claimants, such as Vietnam and the Philippines, Indonesia and Malaysia traditionally has been less critical and more inclined to downplay China’s perceived emotive actions. This subtle foreign policy orientation is likely to remain unchanged in the immediate future.

China is a geopolitically vulnerable country that for much of its history has faced real and imagined threats from both land and sea. During the Cold War, efforts were made to modernize China’s defences, but naval development was delayed as a result of the government’s emphasis on modernizing a land force capable of deterring continental threats.

China Approach

As stated earlier, China’s approach to the maritime disputes in the South China Sea (SCS) and East China Sea (ECS), and to strengthening its position over time in the SCS, can be characterized in 3 general as follows:

1. China appears to have identified the assertion and defence of its maritime territorial claims in the SCS and ECS, and the strengthening of its position in the SCS, as important national goals.
2. To achieve these goals, China appears to be employing an integrated, whole-of- society strategy that includes diplomatic, informational, economic, military, paramilitary/law enforcement, and civilian elements.
3. In implementing this integrated strategy, China appears to be persistent, patient, tactically flexible, willing to expend significant resources, and willing to absorb at least some amount of reputational and other costs that other countries might seek to impose on China in response to China’s actions.

The U.S. position on the South China Sea is no different than that of any other area around the world where the international law of the sea as reflected in the 1982 Law of the Sea Convention provides for certain rights and freedoms and other lawful uses of the sea to all nations. The international community has an enduring role in preserving the freedom of the seas, which is critical to global security, stability, and prosperity.

Law of the Sea

The United States has submitted a diplomatic note to the United Nations rebuking China’s sweeping maritime and territorial claims in the South China Sea, which drew a rapid response from Beijing accusing Washington on Wednesday of trying to “stir up trouble.” U.S. Representative to the UN Kelly Craft sent UN Secretary-General Antonio Guterres the note Monday and requested it be posted to the UN body responsible for evaluating countries’ claims to the seabed off their coasts. The note cited the UN Convention on the Law of the Sea (UNCLOS) and a 2016 tribunal between the Philippines and China that ruled China’s claims in the South China Sea were invalid under international law.

The U.S. statement was the latest in a long series of diplomatic notes and protests from other countries against China’s vague, sweeping claims. It follows notes by Indonesia, Vietnam, and the Philippines. It also comes at a time of heightened tensions in the South China Sea and growing solidarity between other claimants concerned about China’s aggressive behaviour. In asserting such vast maritime claims in the South China Sea, China purports to restrict the rights and freedoms, including the navigational rights and freedoms, enjoyed by all States, Craft’s note read. The note specifically mentioned the objections raised by the Philippines, Vietnam, and Indonesia.

Fundamentally, the situation is simple: ASEAN countries want to curb China’s behavior, but China does not want its actions to be constrained. ASEAN has little or nothing that it can do to force China to agree on an effective and substantial COC, so the negotiations have continued to deadlock on key issues. ASEAN divided from within by the divergent interests of its member states, and beset from without by Chinese pressure, is likely to remain disunited on the issue. The intentions of ASEAN and China to continue working toward a COC should be welcomed.

Ideas

Tensions in the South China Sea should not continue if the disputing parties as well as stakeholders in the South China Sea have the same understanding of the importance of maintaining stability in the region. This doesn’t seem easy to realize, as China and the US as two major countries with interests in the South China Sea often host the region.

Meanwhile, China, which has territorial disputes with a number of ASEAN countries, still continues to take unilateral measures to take control of the South China Sea. Such a situation needs to be responded to by ASEAN through more assertive measures in developing a COC with China related to the South China Sea, and also by continuing to promote the importance of respecting international law, especially UNCLOS 1982, in seeking a peaceful solution to the territorial disputes that took place at the South China Sea

References

1. Koda, Yoji. (2016). Maritime Security in the Region: SCS and ECS as Key Arenas for Converging Political Interests. Asia-Pacific Review. 23. 86-108. 10.1080/13439006.2016.1256077
2. Bradley Bowman and Liane Zivitski, “Beijing is seeking to expel the US from the South China Sea,” Washington Examiner, May 12, 2020.
3. Paul J. Leaf, “Taiwan and the South China Sea Must Be Taken Off the Back Burner,” National Interest,
4. https://thediplomat.com/2020/09/the-code-of-conduct-for-the-south-china-sea-a-long-and-bumpy-road/
5. https://thediplomat.com/2018/08/a-closer-look-at-the-asean-china-single-draft-south-china-sea-code-of-conduct/
6. https://www.scmp.com/news/china/military/article/3128388/china-us-send-warships-disputed-waters-tensions-rise-over