Questioning the South China Sea Dispute

Uptown International School Model United Nations | 2021

Security Council Uptown International School Model United Nations | 2021

Committee: Security Council

Issue: Questioning the South China Sea Dispute

Student Officer: Ogulshat Gulova

Position: Deputy Chair of the Security Council

Introduction

The South China Sea (SCS) is a semi-enclosed sea in the western Pacific Ocean, spanning an area of almost 3.5 million square kilometers. It lies to the south of China, to the west of the Philippines, to the east of Vietnam and to the north of Malaysia, Brunei, Singapore, and Indonesia. The SCS is a crucial shipping lane, a rich fishing ground, home to a highly biodiverse coral reef ecosystem and believed to hold substantial oil and gas resources. China's sweeping claims of sovereignty over the sea and its estimated 11 billion barrels of untapped oil and 190 trillion cubic feet of natural gas which have antagonized competing claimants Brunei, Indonesia, Malaysia, the Philippines, Taiwan, and Vietnam.

Mutual demands for territorial titles in the Spratly Islands, Paracel Islands, and different borders in the

Gulf of Tonkin are triggering significant tensions. Maritime arguments, such as those in the waters around the Indonesian Natuna Islands also retain power. These countries all have sovereign rights to land features in the bay, some of which overlap. These claims are based on different historical and geological accounts.

As a result of the territorial conflict over land features, the countries' viewpoints on their maritime interests have diverged significantly.

(Appendix 1)

A main commercial thoroughfare linking Asia with Europe and Africa, the South China Sea is a seabed abundant in natural resources. The sea transports one-third of the world's shipping, or $3.37 trillion in foreign trade. Approximately 80% of China's oil imports come through the Malacca Strait and Uptown International School Model United Nations | 2021 the South China Sea. The sea is also considered to have large natural resource deposits, such as natural gas and oil. According to the US Energy Information Administration, there are at least 11 billion barrels of oil and 190 trillion cubic feet of natural gas in the region. Other figures put the volume of oil and gas at

22 billion barrels and 290 trillion cubic feet, respectively. The South China Sea still accounts for 10% of the world's supply of seafood, making it a significant food source for hundreds of millions of people.

Beijing introduced an annual summer ban on fishing in the waters it claims in order to protect fisheries in

1999, a 'unilateral decision' challenged by Vietnam and the Philippines.

Key Terms

The Association of Southeast Asian Nations (ASEAN)—The ten-member regional group includes

Indonesia, Malaysia, the Philippines, Singapore, Thailand, Brunei, Myanmar, Cambodia, Laos, and

Vietnam.

The Declaration on the Conduct of Parties in the South China Sea (DOC)—A code of conduct signed by

China and the ten ASEAN countries in 2002. It commits all parties to exercise “self-restraint” in activities that could escalate disputes and creates guidelines for resolution of territorial disputes.

United Nations Convention on the Law of the Sea (UNCLOS)—An international treaty that defines the rights and responsibilities of nations in their use of territorial waters and regulates sea lanes and ocean resources (see diagram and explanations below). It replaced previous U.N. Conven- tions on the Law of the Sea and was signed in 1982. It went into effect in 1994 after a required sixty countries ratified it. By

2018, most countries had agreed to the treaty. The United States has not ratified the treaty.

Territorial Waters—Coastal countries have sovereignty (complete authority) and jurisdiction over their territorial waters, which for most countries extends from the coastline at the low water mark (known as a Uptown International School Model United Nations | 2021 baseline) out twelve nautical miles (nm). These rights extend not only to surface waters but also to the seabed, subsoil, and airspace above. Foreign ships can pass through this zone as long as their passage is deemed “innocent” (meaning they may not engage in prohibited activities such as spying, smuggling, weapons testing, etc.).

Contiguous Zone—Adjacent to a country’s territorial waters, a country may claim limited jurisdiction out a further twelve nautical miles in order to enforce sanitary regulations or cus- toms and immigration laws, protect fisheries, or to promote security.

Exclusive Economic Zone (EEZ)—The EEZ overlaps the contiguous zone and extends up to two hundred nautical miles from the baseline. Countries have the right to explore, conserve, manage, and/or exploit living and non-living resources in the water, seabed, and subsoil. When two EEZs conflict, UNCLOS calls for a line to be drawn equidistant from the two coasts. In practice, this can be complicated as countries often make competing claims that need to be resolved.

High Seas—The high seas are open to all countries and include freedom of navigation, fishing, and scientific research, and other activities as permitted by international law.

Sovereignty- predicated on the principle that each state is free to pursue its internal affairs without outside interference. It essentially means that the government of any state has supremacy over the people, resources, and. all other authorities within the territory it controls.

Economic growth- the increase in the inflation-adjusted market value of the goods and services produced by an economy over time. It is conventionally measured as the percent rate of increase in real gross domestic product, or real GDP Uptown International School Model United Nations | 2021

Key Issues

Claimants

● Via its 'nine-dash route,' which extends as far as 2,000 km from the mainland, China claims more

than 80% of the waterway, touching waters close to Indonesia and Malaysia.

● The Paracel Islands and the Spratly Islands are claimed by Vietnam, while the Spratly archipelago

and the Scarborough Shoal are claimed by the Philippines. Sovereignty over the southern parts of

the sea and some of the Spratly Islands has been claimed by Brunei and Malaysia. The plaintiffs

have taken jurisdiction of a range of underwater features over the years, including cliffs, reefs and

low-tide elevations.

● Indonesia is not a claimant nation, although it does have an exclusive economic zone in the

Natuna Islands, off the coast of the South China Sea, where it has questioned China's fishing

efforts. Jakarta opposed a Chinese coast guard vessel escorting Chinese fishing boats in the area

earlier this year, and sent fighter jets and warships to patrol the islands.

US Involvement in the Dispute

The United States has comprehensive defense obligations in East Asia and is alliances with many

South China Sea bordering nations, including the Philippines, Singapore, and Vietnam. In addition, in the global supply chain, the waterway is a critical trading path used by American firms who manufacture products in the region. Since 2015, the US has undertaken routine Freedom of Navigation operations in the seas, intended to question what Washington calls Beijing's excessive allegations and allow commercial ships free passage. In 2019, US patrols near contested characteristics claimed by China reached a record peak, while in 2018 it conducted 85 military drills with regional allies in the

Indo-Pacific. This included the first joint maritime maneuvers, conducted in September 2019 and extended into the South China Sea, between the US and ASEAN. Uptown International School Model United Nations | 2021

The United States has a role in preventing military escalation resulting from the territorial dispute.

Washington’s defense treaty with Manila could draw the United States into a potential China-Philippines conflict over the substantial natural gas deposits or lucrative fishing grounds in disputed territory. The failure of Chinese and Southeast Asian leaders to resolve the disputes by diplomatic means could also undermine international laws governing maritime disputes and encourage destabilizing arms buildups.

Major Parties Involved

Brunei

Brunei, long considered to be a “silent claimant” state in the South China Sea dispute, broke its silence recently as it released a rare statement urging parties to negotiate issues based on the rule of law.

Malaysia

Malaysia has always preferred to use backchannel diplomacy to resolve conflicts. Notwithstanding the recent standoff, Malaysia continues to enjoy a cautiously friendly relationship with China, unlike the open spats between China and other Southeast Asian claimant nations. An understanding that Malaysian leaders will not be overwhelmingly partial toward the West is also key in gaining the trust of Chinese leaders.

The Philippines

Philippines president Rodrigo Duterte has been known for its conciliatory approach towards China in relation to the South China Sea dispute, preferring to engage with Beijing as close trade and investment partner rather than a threat to its sovereignty.However, recent Chinese activities in the Spratly Islands are Uptown International School Model United Nations | 2021 putting this stance into question. In 2016, The Philippines won an international arbitration case against

China over the South China Sea, which holds important untapped oil and gas reserves. However, China did not recognise the ruling and continued transforming reefs into artificial islands and expanding its military installations in the maritime zone. After he came to power, president Duterte put aside the arbitration ruling in order to improve relations with China. Seeking a commercial alliance with Beijing, he opened up the country to Chinese workers and infrastructure investments. The president also began to question the adequacy of the US-Philippines alliance. In 2016, he expressed his wish of having a

“separation” from the US and declared his intention of having US troops out of the country. This marked a shift in the foreign policy stand of Manila.

Taiwan

As with China, Taiwan claims sovereignty over all the island groups in the South China Sea and jurisdiction over adjacent waters: Spratlys (Nansha), Paracel (Xisha), Pratas (Dongsha), Macclesfield

Bank (Zhongsha). Taiping Island, also known as Itu Aba and various other names, is the largest formation within the Spratlys. Currently administered by Taiwan, it is also claimed by China, the Philippines and

Vietnam.

Vietnam

While China is seeking to change the status quo in the South China Sea, the US is lifting its arms embargo against Vietnam, whose prime minister favors a solution to the dispute under international law.

Indonesia

Indonesia does not have a territorial claim to the South China Sea, but a section of Indonesia's exclusive economic zone that includes natural gas fields lies within China's"nine-dash line." Chinese ships have regularly entered the area Indonesia calls the North Natuna Sea, causing tensions between the countries. Uptown International School Model United Nations | 2021

Singapore

As a non-claimant state in the South China Sea dispute,Singapore has shown great interest in the evolution and handling of the regional hotspot issue. Singapore's policy towards the South China Sea issue has been fairly consistent in the past decades. One particular area of concern for Singapore has been the freedom and safety of navigation. Singapore has also done quite a lot to enhance maritime security in the region. Many of the proposals and programs that Singapore has supported could be taken more seriously in order to further improve maritime security in East Asia.

USA

The United States has called China’s maritime claims over the South China Sea as “completely unlawful”, the first time it has done so in line with the Trump administration’s determination to take a stand on China on a variety of issues ranging from bilateral trade, technology, human rights, democracy and the handling of coronavirus pandemic.

China

China enjoys indisputable sovereignty over the South China Sea and the island. China's stand is based on historical facts and international law. China's sovereign rights and positions are formed in the course of history and this position has been held by Chinese Government for long.

Timeline Uptown International School Model United Nations | 2021

China demarcates its South China Sea territorial claims with a U-shaped line made 1947 up of eleven dashes on a map, covering most of the area. The Communist Party,

which took over in 1949, removed the Gulf of Tonkin portion in 1953, erasing two

of the dashes to make it a nine-dash line.

The 1982 U.N. Convention on the Law of the Sea, under which the Philippines has 1994 taken China to arbitration, goes into effect after 60 countries ratify it. The

agreement defines territorial waters, continental shelves and exclusive economic

zones. The Philippines joined the convention in 1984, and China in 1996. The U.S.

has never ratified it.

China takes control of disputed Mischief Reef, constructing octagonal huts on stilts

1995 that Chinese officials say will serve as shelters for fishermen. The Philippines

lodges a protest through the Association of Southeast Asian Nations.

Philippine naval ships prevent Chinese boats from approaching Scarborough 1997 Shoal, eliciting a protest from China. The uninhabited reef, known as Huangyan

Island in China, is 230 kilometers (145 miles) off the Philippines and about 1,000

kilometers (600 miles) from China. In ensuing years, the Philippines detains

Chinese fishermen numerous times for alleged illegal fishing in the area. Uptown International School Model United Nations | 2021

2009 China submits its nine-dash line map to the United Nations, stating it "has

indisputable sovereignty over the islands in the South China Sea and the adjacent

waters." The submission came in response to applications by Vietnam and Malaysia

for recognition of extended continental shelves, which would give them resource

rights. The Philippines, Vietnam, Malaysia and Indonesia protest the Chinese claim.

2011 The Philippines files a diplomatic protest after a chartered ship searching for oil

and gas and in Reed Bank near the Spratly Islands complained of being harassed by

two Chinese patrol boats, forcing it to change course.

2012 China takes effective control of Scarborough Shoal after a tense standoff between

Chinese coast guard ships and a Philippine naval vessel that had stopped a Chinese

fishing boat to inspect it.

The Philippines brings its dispute with China to the Permanent Court of Arbitration

2013 in The Hague, angering Beijing. A five-member panel of international legal experts

is appointed in June to hear the case.

The Philippine government summons China's top envoy in Manila in February to

2014 protest what it said was the firing of a water cannon by a Chinese government

vessel to drive away Filipino fishermen from Scarborough Shoal. China ignores the

protest and calls its sovereignty there "indisputable."

— China issues a position paper in December arguing that the panel does not have

jurisdiction over the case, because it concerns issues of sovereignty and boundary

definition, which are not covered by the U.N. convention, and that the Philippines

and China had agreed to settle their dispute only through negotiation. Uptown International School Model United Nations | 2021

The arbitration panel in The Hague rules in October that it has jurisdiction over at

2015 least seven of the 15 claims raised by the Philippines. A hearing on the merits of the

claims is held in November. China does not participate.

The Permanent Court of Arbitration rules that China has no legal basis for

July 12, 2016 claiming much of the South China Sea and had aggravated the regional dispute with

its land reclamation and construction of artificial islands that destroyed coral reefs

and the natural condition of the disputed areas. The Philippines, which sought the

arbitration ruling, welcomed the decision, and China rejected it outright.

Evaluation of Previous Attempts

Although tensions between claimant states and other related parties remain strong, several steps toward settling the dispute have been taken. The 2016 Philippines case, as well as China's recent commitment to sign a binding code of conduct (COC) to manage territorial claims in the SCS, are indicators of ASEAN's leadership in developing structures for related actors to come together.

ASEAN, especially China, has arguably been the most active in fostering dialogue with related actors. It has developed a range of frameworks and processes in which strategic actors will participate, such as the establishment of the ASEAN Regional Forum for political and security dialogue in 1994, the East Asia

Conference, which includes the ASEAN-10, and the Asia-Europe Meeting with the European Union and

ASEAN +3. As a result, ASEAN has established a forum for countries to address problems while also Uptown International School Model United Nations | 2021 promoting mutual confidence. China's action in the area has been influenced by this method of building a dialogue room for the SCS problem. China, in particular, has appreciated ASEAN's assistance in extending its regional position. As a result, ASEAN has reaped considerable benefits from Chinese companies' continued investment in the region. t is undeniable that ASEAN-China relations have strengthened over the last decade, and ASEAN's current positive communication policy has helped both parties.

The Philippines-China court case is another aspect that has tried to settle the conflicts. The Philippines lodged a lawsuit against China in the Permanent Court of Arbitration of the International Court of Justice in The Hague in 2013, opposing China's nine-dashed line assertion and other actions in the disputed region. The nine-dash line refers to the PRC territorial claim that encompasses a major part of the SCS, such as the Paracel and Spratly Islands.

The International Court of Justice ruled in favor of the Philippines on July 12th, 2016, noting that while

Chinese navigators and fishermen had previously used the islands, there was no proof that the country had had sole jurisdiction over the seas or their resources. On the nine-dashed line diagram, the Tribunal concluded that China had no "historic rights to resources within the sea regions." This decision was a big success for the Philippines and a stable base for future international conflict resolution. Despite China's denial of the decision, the case "helped soften China's stance against ASEAN claimants."

China's recent support for a legally binding code of conduct agreement with ASEAN has been a positive step toward settling the disputes. A COC is a legal text that consists of "a written set of laws and principles that...focuses on a certain desirable behavior of the addressees." While China and ASEAN signed the Declaration on the Behavior of Parties in the South China Sea in 2002, which required all parties to "exercise self-restraint" in regard to "activities that would worsen or intensify conflicts," the agreement was legally non-binding. As a result, the 2002 COC did not prohibit claimants from Uptown International School Model United Nations | 2021 undertaking development and oil mining in contested zones, nor did it prevent China from developing artificial islands in the disputed waters. As a result, the 2002 code of ethics was unsuccessful.

China's new position, as well as its commitment to cooperate with ASEAN to establish a legally binding and enforceable code for the contested SCS, could aid regional stability. “A new starting point to collectively create a sea of peace, security, and prosperity,” the pact states. If previous agreements concluded by China are any indicator, the advent of this COC would require challenging negotiations that is “many diplomatic hard yards away.”

Possible Solutions

Freedom of Navigation should be strongly implemented in the South China Sea and member states that violate such Freedom of Navigation will be penalized accordingly.

Acknowledge the sovereignty of China over the South China Sea under the conditions of China commencing joint development treaties with each and every one of the neighboring countries including:

Vietnam, Malaysia, Indonesia, Brunei, Philippines. Allowing third-party countries such as the US, the

UK, et cetera authorization to intervene in solving disputes and conflicts if they are to occur.

Militarization of any country over the South China Sea without the consent of neighboring countries such as China, the Philippines, Malaysia, Brunei, and Vietnam should not be accepted, so the General

Assembly should summon such militarization activity through the Security Council. Uptown International School Model United Nations | 2021

Have the United Nations Security Council and the International Court of Justice revise the activity in the South China Sea and to declare necessary instructions for the more sustainable and peaceful development of the South China Sea.

Appendices

Appendix 1: Uptown International School Model United Nations | 2021

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