Ketian. THE SOUTH CHINA SEA DISPUTE Current measures in place to manage and mitigate tensions in the South China Sea have proven ineffective. In particular, China responded to the joint submission by submitting a map containing the infamous “nine-dash” line. [31] The PRC chose to built its observation post on the Fiery Cross Reef, which was isolated from the other islands in the region and was not occupied by any state at the time.  Philippines 1:Flat Island 2:Lankiam Cay 3:Loaita Cay 4:Loaita Island 5:Nanshan Island 6:Northeast Cay 7:Thitu Island 8:West York Island 9:Commodore Reef 10:Irving Reef 11:Second Thomas Reef [64] These oil fields supply 15% of annual oil consumption in the Philippines. [119] Then in early 2020, a further 600 troops were deployed and eight navy warships from the Indonesian Navy including Ahmad Yani-class frigates, Bung Tomo-class corvettes, and Kapitan Pattimura-class ASW corvettes were sent to the area with support from the Indonesian Navy Naval Aviation CN-235 MPA, the Indonesian Air Force also sent 4 F-16 and a Boeing 737-2x9 Surveillance, and put BAE Hawk aircraft nearby on alert after Chinese fishing vessels increased illegal activity within the EEZ, escorted by a Chinese Coast Guard vessel. The construction of the islands has been completed. A recent visit to the area by President Joko Widodo displayed Indonesia's resolve to not overlook such incursions. [137] Sources closer to the Pentagon have also said that the US administration is planning to deploy some more naval assets within 12 nautical miles of the Spratly Islands. The South China Sea Disputes and the US–China Contest:International Law and Geopolitics (Series on Contemporary China Book 43) by James C Hsiung. [16] During World War II, the Empire of Japan used the islands in the South China Sea region for various military purposes and asserted that the islands were not claimed by anyone when the Imperial Japanese Navy took control of them. They were prevented from towing the boat to harbour by a Chinese coast guard vessel which reportedly "rammed" the trawler in Indonesian waters. [32] Mischief Reef marked the first time when the PRC had a military confrontation with the Philippines,[33] an ally of the United States. [67] Offshore exploration activities in 2011 increased Vietnam's proven oil reserves to be the third largest in the Asia-Pacific region. … "Following the spirit of the Declaration on the Conduct of Parties in the South China Sea (DOC), China and ASEAN countries actively advanced the consultations on the Code of Conduct (COC) in the South China Sea,"[40] with the forecast that the COC will be completed by 2021. [38] This set of guidelines is based on an earlier agreement, also called DOC, from 2002, between China and the ASEAN Member States. It took the initiative to hold several meetings with parties concerned. However, Beijing has never officially clarified what the line is meant to signify. He graduated magna cum laude from Harvard Law School, where he served as Supreme Court Chair for the Harvard Law Review. Circuit. According to the rule, China’s historical claim to the South China Sea, or the “nine-dash line” claim, has no legal basis. Executive Summary. [19][27] The government of the PRC wanted to prevent the Paracel islands from falling under the control of North Vietnam, which at the time was an ally of the Soviet Union. [84], Although Indonesia is not part of claims in the South China Sea dispute, after Joko Widodo became President of the country in 2014, he instituted a policy in 2015 that, if any foreign fishermen were caught illegally fishing in Indonesian waters, their vessels would be destroyed. Since then, China has excluded Philippine boats from the Shoal’s waters. [116], Following the Permanent Court of Arbitration ruling on 12 July 2016, Indonesia called on all parties involved in the territorial dispute to exercise self-restraint and to respect applicable international laws. [citation needed] By 2012 Vietnam had concluded some 60 oil and gas exploration and production contracts with various foreign companies. Once again, this phase of frenetic island occupation was cooled off by a longer period of inertia. [135] The Chinese Foreign Ministry asked the United States to maintain a neutral position on the issue. China South China Sea arbitration. In particular, Beijing has taken an active role in subsidizing archeological digs to find evidence of exclusive Chinese usage of the Sea’s many features since time immemorial. Tensions crested when Beijing forcibly occupied Johnson Reef, killing several dozen Vietnamese sailors in the process. Denied their first pick, the French and Vietnamese settled for the nearby Pattle Island. The occupation and/or control of most parts of the Spratly and Paracel islands has not changed significantly since the middle of 1990s. [71][72] A joint-venture of Japanese Inpex and Petrovietnam plans to start drilling in the disputed area in 2021. For that reason, after suffering their cataclysmic defeat at the hands of Mao’s Communists, Chiang Kai-shek’s forces retreated to Taiwan and abandoned their stations in the South China Sea. [27] The United States, in the middle of détente with the PRC, gave a non-involvement promise to the PRC, which enabled the People's Liberation Army Navy to take control of the South Vietnamese islands. [69] In 2009 petroleum accounted for 14 percent of Vietnamese government income, down from 24 percent in 2004. A soldier of Japan's Self Defense Force keeps watch as he overlooks the East China Sea at a military base on the island of Yonaguni in the Okinawa prefecture on March 28, 2016. According to him, "in the 1898 Treaty of Paris in which Spain ceded the Philippines to the US, the object of cession was east of 118 degrees longitude (116 in the South); and the Spratly Islands fall outside (West) of that line. The disputes involve the islands, reefs, banks, and other features of the South China Sea, including the Spratly Islands, Paracel Islands, Scarborough Shoal, and various boundaries in the Gulf of Tonkin. As for oil and gas exploration activities, our consistent position is that we are opposed to any country engaging in oil and gas exploration and development activities in waters under China's jurisdiction. Maritime boundary in the waters north of the, Maritime boundary, land territory, and the islands of, Zhang. [66] In 1986, the "White Tiger" oil field in the South China Sea came into operation, producing over 2,000 tons of crude oil per year, followed by "The Bear" and "Dragon" oil fields. A look at recent developments in the South China Sea, where China is pitted against smaller neighbors in multiple territorial disputes over islands, … [94] He also said if one of the vessels got hit, the Filipino defense treaty with the United States would also be activated. The incident left seventeen Vietnamese[clarification needed] injured and damaged ships of both countries. [citation needed], Competing claims in the oil and gas-rich South China Sea have stifled the development and exploitation of these resources. In response to this escalatory move, Manila filed an arbitration case against China on January 22, 2013, under the auspices of the U.N. Convention on the Law of the Sea (UNCLOS). [118], Indonesia's EEZ extends 200 nautical miles (370 km) from its shores, which around Natuna means it is slightly intersected by China's Nine-Dash Line, defining its widely disputed claim to most of the South China Sea. [120], Japan has used "normative power" via strategic foreign aid to certain claimants in the dispute such as the Philippines and Vietnam in order to assert its presence in the region as promoting the "rule of law at sea. [26], In 1974, when a North Vietnamese victory in the Vietnam War began to seem probable, the PRC used military force in the Paracel Islands and took Yagong Island and the Crescent group of reefs from South Vietnam. This provocation touched off confrontations between Vietnamese and Chinese vessels around the rig, as well as rioting against foreign-owned businesses in parts of Vietnam. In the years following the announcement by the PRC ministry, the claims regarding the South China Sea islands intensified. In summer 2016, the Permanent Court of Arbitration in The Hague’s rule in terms of China and the Philippines’ territorial disputes in the South China Sea caught worldwide attention. Such a view may be an overstatement. [1] China's actions in the South China Sea have been described as part of China's salami slice strategy.[3]. [141] On 8–9 November 2015, two US B-52 strategic bombers flew near artificial Chinese-built islands in the area of the Spratly Islands and were contacted by Chinese ground controllers but continued their mission undeterred. [32] The two states clashed near the Johnson Reef, and after the clash, China occupied the Johnson Reef.[31]. The two states had quarreled over allegations of illegal poaching by Chinese fishermen. Arif Havas Oegroseno, the government official of maritime security, said that the Chinese claim of "traditional fishing grounds" was not recognised under the 1982 United Nations Convention on the Law of the Sea. [144] As of May 2019, the United States has conducted four freedom of navigation operations in the Spratlys during the early 2019. Already, too, they have raised a variety of legal questions that will inform the future course of both the conflict and the region. [117], Indonesia challenged the Chinese nine-dash historical claim by arguing that if the historical claims can be used on presenting the territorial naval claims, Indonesia might also use its historical claims on the South China Sea by referring to the ancient influence of the Srivijaya and Majapahit empires. [114] Indonesia insists that they have the right to prosecute the Chinese trawler crew, despite Beijing's demand to release their eight fishermen. [65], Vietnam and Japan reached an agreement early in 1978 on the development of oil in the South China Sea. China's sovereign rights and positions are formed in the course of history and this position has been held by Chinese Government for long. As the case proceeds in the background, China has adopted an increasingly assertive posture in the region. However, the next half century saw accelerating interest in the South China Sea. These principles should be respected by all."[42]. Occupation was made in the middle of an energy resources race in the Spratlys, where China lacked a presence while the other countries were starting their oil exploration businesses. [17][18] Historical accounts note that at least France had controlled some of the features in the region during the 1930s. Via this meeting, Wang Yi, the Chinese Foreign Minister called for a joint development of resources in South China Sea. [56] On 22 September 2020, in UN Speech, the Philippine President, Rodrigo Duterte reaffirmed the Hague ruling rejecting most of China's claims to disputed waters, and said “The award is now part of international law, beyond compromise and beyond the reach of passing governments to dilute, diminish, or abandon.” [57], The area is said to be rich in oil and natural gas deposits; however, the estimates are highly varied. [85][86] Since the policy's initiation, fishing vessels drawing from many neighbouring countries were destroyed by Indonesian authorities. It provides an overview of the South China Sea dispute and the 2016 arbitral tribunal ruling in a case the Philippines brought against China under the United Nations Convention on the Law of the Sea. [8] In July 2016, an arbitration tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) ruled against the PRC's maritime claims in Philippines v. Territorial Disputes: The South China Sea: Treaties and Agreements This Research Guide provides links to primary documents, reports, periodical articles, and books on disputes and state claims in the South China Sea. The Spratly Islands dispute is an ongoing territorial dispute between China, Taiwan, Malaysia, the Philippines, Vietnam, and Brunei, concerning "ownership" of the Spratly Islands, a group of islands and associated "maritime features" (reefs, banks, cays, etc.) [2] 80 percent of China's energy imports and 39.5 percent of China's total trade passes through the South China Sea.  People's Republic of China 1:Yongshu 2:Meiji 3:Zhubi 4:Huayang 5:Nanxun 6:Chiguo 7:Dongmen Faced with this pushback, China withdrew the rig in mid-July, a month ahead of schedule. On 19 March 2016, for example, Indonesian authorities tried to capture a Chinese trawler accused of illegal fishing in Indonesian waters, and arrested the Chinese crew. 1596, declaring the north-western part of the Spratly Islands (referred to therein as the Kalayaan Island Group) as Philippine territory. [28], In the later half of 1970s, the Philippines and Malaysia began referring to the Spratly Islands as included in their own territory. These states assert that, for example, their nationals fished around the islands of the Sea or used them for shelter from storms. This occurred during a visit by Duterte to Beijing, with discussions between the two leaders. The premier regional organization, ASEAN, whose membership includes four claimants in the dispute—Brunei, Malaysia, the Philippines, and Vietnam— As readers can see in the map above, the islands of the South China Sea can largely be grouped into two island chains. Thailand's first attempt was hosting the ASEAN–China Senior Officials' Meeting Retreat in Pattaya, Thailand 2012. The disputes are further entrenched by rampant nationalism, as each claimant attaches symbolic value to the South China Sea islands that far exceeds their objective material wealth. [139] On 27 October 2015, the US destroyer USS Lassen navigated within 12 nautical miles of reclaimed land in the Subi Reef as the first in a series of "Freedom of Navigation Operations". Beijing did not. Another decade of relative inaction was punctuated once again with violence in 1988, when Beijing moved into the Spratlys and set off another round of occupations by the claimants. After several meetings, the 6th ASEAN–China SOM on DOC was the first official consultation on the Code of Conduct (COC) was formed with all parties agreement to push forward the drafting of COC. [53][54], In August 2019, China's paramount leader Xi Jinping told the Philippines' President Rodrigo Duterte that China would not recognise or abide by the Arbitration decision. [146] On 26 August 2020, the US sanctioned individuals and 24 Chinese companies linked to construction and militarization of the artificial islands. [130] Also in 2012, Secretary Clinton testified in support of congressional approval of the Law of the Sea Convention, which would strengthen U.S. ability to support countries that oppose Chinese claims to certain islands in the area. Filed a comment with the Permanent Court of arbitration regarding China 's position and refrain from unilateral. 2011 increased Vietnam 's proven oil reserves to be the third largest the! A single island in the region to solve the bilateral disputes through bilateral channels build was., including in the region to solve the bilateral disputes through bilateral channels Sea dispute Current measures place! 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