South China Sea Dispute

Table of Contents

Context: China is seen to have been increasing its assertiveness in the South China Sea, leading to conflicts and disputes more often with the Philippines.

Understanding South China Sea Dispute

About the South China Sea:

Location: The South China Sea is a marginal sea of the Western Pacific Ocean.
- A marginal sea is a type of sea that is partially enclosed by land and connected to a larger ocean or sea.
- The South China Sea is connected by Taiwan Strait with the East China Sea and by Luzon Strait with the Philippine Sea.
Bordering states & territories (clockwise from north): the People’s Republic of China, the Republic of China (Taiwan), the Philippines, Malaysia, Brunei, Indonesia, Singapore and Vietnam.
The Gulf of Thailand and the Gulf of Tonkin are also part of the South China Sea.

Significance of the South China Sea

Strategic Location: It is strategically located at the crossroads of major maritime trade routes, connecting the Pacific Ocean to the Indian Ocean. It serves as a crucial transit point for international shipping, and global trade.
- According to the United Nations Conference on Trade And Development (UNCTAD) one-third of the global shipping passes through it, carrying trillions of trade which makes it a significant geopolitical water body.
Natural Resources: The sea is believed to have abundant natural resources, including fisheries and potential oil and gas reserves.
- More than half of the world’s fishing vessels are in the South China Sea, and millions of people depend on these waters for their food and livelihoods.

Evolution of Conflict

The evolution of the South China Sea conflict can be traced back to the mid-20th century when China laid its claim to the region.
In 1947, China marked its territorial claims with a U-shaped line consisting of eleven dashes, covering a significant portion of the South China Sea.
Over time, the discovery of oil and natural gas reserves in the region heightened territorial disputes among claimant countries.
The United Nations Convention on the Law of the Sea (UNCLOS) came into force in 1994, providing a legal framework for balancing the interests of coastal states and seafaring nations.
- While most coastal countries in the South China Sea signed and ratified UNCLOS, each country interpreted the convention to legitimize their own claims, leading to ongoing tensions.
In 2002, the Association of Southeast Asian Nations (ASEAN) and China signed the Declaration on the Code of Conduct of Parties in the South China Sea in an attempt to manage and resolve disputes.
The Philippines and China had conflicting claims over the Scarborough Shoal, located approximately 100 miles from the Philippines and 500 miles from China.
- Both countries depended on fishing in the South China Sea, including the Scarborough Shoal, for economic development.
- A standoff in 2012 resulted in China gaining de facto control over the region.
- In 2013, the Philippines brought the dispute with China to the Permanent Court of Arbitration (PCA), asserting that China’s claims violated its sovereignty under UNCLOS.
PCA Ruling:
- The PCA ruled in 2016 that China’s claims over 90 percent of the South China Sea were illegitimate.
- It also concluded that China was infringing on the Philippines’ sovereign waters by including the Scarborough Shoal within its nine-dash line, which extended into the Philippines’ Exclusive Economic Zone (EEZ).
- However, China rejected the PCA ruling, asserting that it has historical rights to the South China Sea and prefers bilateral negotiations with other parties involved.
- However, the dispute remains unresolved, and tensions continue to exist in the region.
Since then, tensions between China and the Philippines, as well as other countries in the region, have escalated.
China has been increasing its assertiveness in the South China Sea, leading to conflicts and disputes over maritime boundaries, fishing rights, resource exploration, and freedom of navigation.

The Claims of other countries and China over the South China Sea

China: China claims nearly the entire South China Sea based on its historical “nine-dash line” claim, which encompasses the Paracel Islands, Spratly Islands, Scarborough Shoal, and other features within the region.
Taiwan: Taiwan, officially known as the Republic of China (ROC), asserts the same territorial claims as China over the South China Sea, including the Paracel Islands, Spratly Islands, and Scarborough Shoal.
Vietnam: Vietnam claims sovereignty over the Paracel Islands and the Spratly Islands in the South China Sea. It also contests China’s claims and activities in the disputed waters.
Philippines: The Philippines asserts its claims over the Spratly Islands, including Scarborough Shoal, which is located within its Exclusive Economic Zone (EEZ).
Malaysia: Malaysia claims several features in the Spratly Islands, including the Layang-Layang Reef, Swallow Reef, and the Investigator Shoal.
Brunei: Brunei claims a portion of the Spratly Islands, but its claim is relatively small compared to other claimant countries.

Diplomatic Tensions

ASEAN and South China Sea:
- One of the core principles of ASEAN is the peaceful resolution of regional disputes.
- However, over time, ASEAN’s stance and actions regarding the South China Sea disputes have diminished its reputation and standing on the international stage.
- The failure to effectively address and resolve the ongoing conflicts in the South China Sea raises concerns about ASEAN’s credibility as a capable regional organisation.
The US and the South China Sea:
- The U.S. has no claim in the South China Sea, but has been highly critical of China’s assertiveness and insisted on free navigation of commercial vessels in the South China Sea is vital for regional and international trade.
- It conducted joint military patrols with the Philippines and Japan, Australia, and Indonesia.
- The US also increased the financial support for enhancing the military capabilities of ASEAN and East Asian countries as well as strengthened bilateral defence collaboration with these countries.
India and South China Sea:
- India has maintained that it is not a party to the South China Sea dispute and its presence in the region is not to contain China but to secure its own economic interests, especially that of its energy security needs.
- However, China’s increasing ability to decide and expand its role in the South China Sea has compelled India to reevaluate its approach on the issue.
- As a key element of the Act East Policy, India has started internationalising disputes in the Indo-Pacific region to oppose China’s threatening tactics in the region.
- Further, India is using its Buddhist legacy to make a strong bond with the Southeast Asian region.
- India has also deployed its navy with Vietnam in the South China Sea for protection of sea lanes of communication (SLOC), denying China any space for assertion.
- Also, India is part of the Quad initiative (India, US, Japan, Australia) which is viewed as a containment strategy by China.

Other Challenges

Undefined geographic scope: There is disagreement among the claimant countries and other stakeholders over the exact geographic boundaries and scope of the South China Sea, which further complicates the dispute.
Disagreement over dispute settlement mechanisms: There is a lack of consensus on how to settle disputes in the South China Sea. Different countries have varying preferences regarding the mechanisms and forums for resolving conflicts.
Legal status of the Code of Conduct (COC): Negotiations for a Code of Conduct between ASEAN and China are ongoing, but the legal status and enforceability of the COC remain undefined.
Historical complexities: The diverse histories and competing territorial claims of distant, largely uninhabited archipelagos in the South China Sea contribute to the complexity and multifaceted nature of the dispute.