South China Sea Dispute | UPSC Mains: International Relations PDF Download

Introduction

The South China Sea is a globally renowned trade route, significant for international commerce, where multiple nations are embroiled in maritime and island disputes.

• Sovereign states in the Indo-Pacific region, including China, Brunei, Taiwan, the Philippines, Vietnam, and Malaysia, are central participants in these South China Sea disputes.
• Heightened tensions in this area have surged in recent years, particularly due to the strained relationship between the United States and China.
• The current immediate source of tension revolves around the presence of Chinese vessels within territories claimed by the Philippines, specifically within the Philippines' 200-nautical-mile Exclusive Economic Zone (EEZ).
• Manila has officially raised diplomatic protests against China, primarily concerning the continuous deployment, prolonged presence, and illicit activities of Chinese maritime assets and fishing vessels in the vicinity of Thitu Island.
• In addition, China has established an extensive facility, resembling a mini-city, on Subi Reef, which is approximately 25 kilometers away from Thitu Island. This facility includes runways, hangars, and surface-to-air missiles.

The South China Sea

• The South China Sea is a body of water located in Southeast Asia, forming an extension of the western Pacific Ocean.
• This sea is bordered by China to the north, Vietnam to the east and south, the Philippines to the west, and the island of Borneo to the south.
• The South China Sea is surrounded by several states and territories, including the People's Republic of China, the Republic of China (Taiwan), the Philippines, Malaysia, Brunei, Indonesia, Singapore, and Vietnam.
• It is linked to the East China Sea via the Taiwan Strait and connects to the Philippine Sea through the Luzon Strait.
• The South China Sea is known for its numerous shoals, reefs, atolls, and islands, with the Paracel Islands, the Spratly Islands, and the Scarborough Shoal being some of the most significant features in the region.

Strategic Importance of the South China Sea

• The South China Sea (SCS) serves as one of the world's busiest international maritime routes and is home to several of the globe's most active shipping ports.
• This sea links the Pacific and Indian Oceans, specifically through the Strait of Malacca, holding unique strategic importance for the coastlines of these two major ocean regions. Notable naval powers like India and Japan have vested interests in this area.
• According to the United Nations Conference on Trade And Development (UNCTAD), approximately one-third of global shipping, equivalent to around $5 trillion USD, transits through the SCS, facilitating the transportation of trillions of dollars' worth of goods, thereby establishing it as a highly significant geopolitical waterway.
• As per the Department of Environment and Natural Resources of the Philippines, the South China Sea boasts approximately one-third of the world's marine biodiversity and hosts valuable fisheries, contributing to food security in Southeast Asian nations.
• The SCS is rich in natural resources, with numerous offshore oil and gas reserves lying beneath its seabed. The United States Energy Information Agency estimates the presence of approximately 11 billion barrels of oil and 190 trillion cubic feet of natural gas deposits beneath the South China Sea's seabed.

Recent Developments in the South China Sea Dispute

• China has recently drawn international attention by unilaterally making significant changes in the South China Sea during the ongoing global coronavirus pandemic.
• China's activities in the South China Sea have involved the establishment of two administrative districts to oversee the contested Paracel and Spratly Islands in the region.
• In a further move to assert its dominance in the area, Beijing also introduced new names for 25 islands or reefs and identified 55 underwater features in the South China Sea, marking a clear display of its territorial claims.

History of the South China Sea Dispute

• During the first half of the 20th century, the South China Sea (SCS) was relatively calm, with no claimants occupying any islands in the region after World War II.
• China asserted its claim to the South China Sea in 1947, using a U-shaped boundary line consisting of eleven dashes on a map, covering a significant portion of the area.
• Two dashes from China's claim were removed in the early 1950s, specifically to avoid the Gulf of Tonkin, as a gesture of support to communist North Vietnam.
• The remaining "nine-dash line" extended hundreds of kilometers south and east of Hainan Island, encompassing approximately 90% of the South China Sea.
• In 1954, the Geneva Accords awarded control of Vietnamese territories, including the Paracels and Spratlys, to South Vietnam.
• However, two years later, North Vietnam declared that the People's Republic of China was the rightful owner of the islands, while South Vietnam took control of the Paracel Islands.
• The discovery of significant oil and natural gas reserves in the region in the post-1960s era led to a surge in territorial claims.
• The United Nations Convention on the Law of the Sea (UNCLOS) became effective in 1994, aiming to provide a legal framework to balance the economic and security interests of coastal states and seafaring nations.
• Although UNCLOS was adopted by most South China Sea coastal countries, claimant nations interpreted it in ways that supported their claims.
• In 2002, ASEAN and China signed the Declaration on the Code of Conduct of Parties in the South China Sea to address disputes, but it did not achieve its intended results.
• In 2009, Malaysia and Vietnam jointly submitted claims to the Commission on the Limits of the Continental Shelf (CLCS). China's submission, which included the controversial "nine-dash line" map, hindered dispute resolution progress.

Countries involved in the South China Sea Dispute

• China claims historical control over the entire South China Sea, arguing that the dispute is a recent development. However, they have struggled to substantiate their legal rights in the region.
• Vietnam bases its claim on historical inheritance, asserting its rights in the 1970s due to deteriorating relations with China.
• Malaysia's claim focuses on the southern part of the Spratly Islands, citing its continental shelf as the legal basis for its assertion.
• Indonesia's claim is limited to the portion of the sea within its exclusive special economic zones, in line with international law.
• The Philippines grounds its claim on historical and historical evidence, specifically seeking jurisdiction over the part falling within their exclusive economic zone.
• Brunei's claim aligns with the exclusive economic zone as defined by the United Nations Convention on the Law of the Sea (UNCLOS).

The Islands under Dispute in the South China Sea Region

Scarborough Shoal:

• Disputed territory between China and the Philippines.
• The Philippines claims it based on geographical vicinity and historical claims.
• In 2012, China constructed seven islands on Scarborough Shoal, increasing its control in the area.
• The Philippines pursued the issue in the Permanent Court of Arbitration in The Hague.

Paracel Islands:

• Disputed between China and Vietnam.
• Vietnam claims historical rule dating back to the 17th century.
• China's placement of an oil rig in the area in 2013 caused tension and strained China-Vietnam relations.
• China has also militarized islands in the Paracel chain.

Spratly Islands:

• Contested by China, Vietnam, Taiwan, Malaysia, Brunei, and the Philippines.
• Malaysia and Brunei argue ownership based on their Exclusive Economic Zones (EEZ).
• Since 2013, China has undertaken significant construction on Fiery Cross Reef in the Spratly Islands, including airstrips and missile defense systems.
• China conducts regular patrols and asserts control over the area, often displacing non-Chinese vessels.
• Military runways have been installed on Mischief Reef and Subi Reefs.

Causes of the South China Sea Dispute 

• Disputes arise from competing territorial claims and disagreements over the geographical boundaries of the sea.
• The South China Sea is rich in natural resources, making it a valuable asset for the nations in the region.
• The sea is a significant source of fisheries, providing food for a large population, driving claims by various countries.
• National claims to islands in the South China Sea can hinder trade routes, potentially leading to the seizure of trading vessels.
• Exclusive Economic Zones (EEZs) are a point of contention, especially when they overlap in the case of water bodies, intensifying disputes between nations.

India’s Stand on the South China Sea

• Bay of Bengal Maritime Boundary Delimitation (July 2014):
  • An Arbitration Tribunal under the Permanent Court of Arbitration resolved the maritime boundary dispute between India and Bangladesh.
  • Bangladesh was granted 19,467 sq. km out of the 25,602 sq. km area in the Bay of Bengal.
  • India was praised for its acceptance of the tribunal's decision and the mature handling of the matter.
  • The US recommended that China learn from India's approach to maritime disputes.
• Act East Policy and International Relations:
  • India's "Act East" policy reflects its active engagement in the Asia-Pacific region.
  • A joint statement in September 2014 by the US and India urged peaceful resolution of territorial and maritime disputes.
  • Emphasis was placed on adhering to international law and the United Nations Convention on the Law of the Sea (UNCLOS).
  • Ensuring maritime security and freedom of navigation in the South China Sea was highlighted.
• Permanent Court of Arbitration Verdict:
  • India demonstrated support for international norms and freedom of navigation following the arbitration verdict.
  • However, India refrained from openly endorsing the tribunal's decision, considering the need for China's support in securing Nuclear Suppliers Group (NSG) membership.
  • India holds commercial interests in the South China Sea but doesn't take sides in territorial disputes.
• Indian Interests in the South China Sea:
  • India has concerns about the security of its trade routes and energy interests in the South China Sea.
  • India obtained oil blocks in the South China Sea from Vietnam, leading to tensions with China.
  • Energy agreements have been made with Brunei.
  • The South China Sea is a critical route for global trade, including 55% of Indian trade through the Malacca Strait.
  • Any control by China in the region could disrupt global trade, impacting India.
  • India has a stake in ensuring freedom of navigation in the South China Sea to safeguard its trade interests.

Impacts of the South China Sea Dispute

• The South China Sea dispute has far-reaching consequences, affecting not only the nations directly involved but also nations engaged in trade with the disputed territories, making it imperative to resolve the issue to ensure uninterrupted trade and economic activities.
• The dispute is particularly critical due to the South China Sea's importance as a major trade route, highlighting the need for its resolution to maintain global commerce.
• The United States plays a significant role in addressing the dispute, given its extensive security commitments in East Asia and its affiliations with countries bordering the South China Sea, such as the Philippines, Singapore, and Vietnam.
• Any conflict or disagreement among these nations has a direct impact on the United States, underscoring its vested interest in finding a resolution to the South China Sea dispute.

Addressing the South China Sea Dispute: A Way Forward

• China's dominant presence in the South China Sea, marked by control over key islands and the gradual militarization of the region, poses a challenge to the freedom of navigation, effectively making China the primary authority on permissible activities in the area.
• Despite a significant historical tribunal ruling, it is crucial to recognize the limitations of the tribunal's enforcement powers, emphasizing the necessity for claimant nations to focus on diplomatic solutions rather than escalating the situation.
• Historical precedent suggests that judicial decisions on matters of contested supremacy can provoke nationalist backlashes, underscoring the need for practical and effective resolutions to the South China Sea dispute.
• Workable solutions include urging claimant nations to adopt a more conciliatory approach, potentially involving concessions on specific parts of their territorial claims in the interest of finding a middle ground.
• All claimant countries could consider restricting their claims to the 200-nautical-mile Exclusive Economic Zones in accordance with the United Nations Convention on the Law of the Sea (UNCLOS), thereby reserving global waters for unhindered navigation.
• The parties involved may explore a system of shared ownership for contested regions, ensuring that the proceeds from activities in the South China Sea are equitably distributed among the nations along its coast.
• A transparent process for articulating claims and appointing an impartial third party to adjudicate disputes based on UNCLOS or other applicable international laws can facilitate the resolution of the South China Sea conflict.