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Position Paper on ROC South China Sea Policy
Position Paper on ROC South China Sea Policy Republic of China (Taiwan) March 21, 2016 1. Preface The Nansha (Spratly) Islands, Shisha (Paracel) Islands, Chungsha (Macclesfield Bank) Islands, and Tungsha (Pratas) Islands (together known as the South China Sea Islands) were first discovered, named, and used by the ancient Chinese, and incorporated into national territory and administered by imperial Chinese governments. Whether from the perspective of history, geography, or international law, the South China Sea Islands and their surrounding waters are an inherent part of ROC territory and waters. The ROC enjoys all rights over them in accordance with international law. This is indisputable. Any claim to sovereignty over, or occupation of, these areas by other countries is illegal, irrespective of the reasons put forward or methods used, and the ROC government recognizes no such claim or occupation. With respect to international disputes regarding the South China Sea, the ROC has consistently maintained the principles of safeguarding sovereignty, shelving disputes, pursuing peace and reciprocity, and promoting joint development, and in accordance with the United Nations Charter and international law, called for consultations with other countries, participation in related dialogue and cooperative mechanisms, and peaceful 1 resolution of disputes, to jointly ensure regional peace. 2. Grounds for the ROC position History The early Chinese have been active in the South China Sea since ancient times. Historical texts and local gazetteers contain numerous references to the geographical position, geology, natural resources of the South China Sea waters and landforms, as well as the activities of the ancient Chinese in the region. The South China Sea Islands were discovered, named, used over the long term, and incorporated into national territory by the early Chinese, so even though most of the islands and reefs are uninhabited, they are not terra nullius. -
China's Claim of Sovereignty Over Spratly and Paracel Islands: a Historical and Legal Perspective Teh-Kuang Chang
Case Western Reserve Journal of International Law Volume 23 | Issue 3 1991 China's Claim of Sovereignty over Spratly and Paracel Islands: A Historical and Legal Perspective Teh-Kuang Chang Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Teh-Kuang Chang, China's Claim of Sovereignty over Spratly and Paracel Islands: A Historical and Legal Perspective, 23 Case W. Res. J. Int'l L. 399 (1991) Available at: https://scholarlycommons.law.case.edu/jil/vol23/iss3/1 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. China's Claim of Sovereignty Over Spratly and Paracel Islands: A Historical and Legal Perspective Teh-Kuang Chang* I. INTRODUCTION (Dn August 13, 1990, in Singapore, Premier Li Peng of the People's Re- public of China (the PRC) reaffirmed China's sovereignty over Xisha and Nansha Islands.1 On December. 29, 1990, in Taipei, Foreign Minis- ter Frederick Chien stated that the Nansha Islands are territory of the Republic of China.2 Both statements indicated that China's claim to sov- ereignty over the Paracel and Spratly Islands was contrary to the claims of other nations. Since China's claim of Spratly and Paracel Islands is challenged by its neighboring countries, the ownership of the islands in the South China Sea is an unsettled international dispute.3 An understanding of both * Professor of Political Science, Ball State University. -
Freedom of Navigation in the South China Sea a Practical Guide
Freedom of Navigation in the South China Sea A Practical Guide Eleanor Freund SPECIAL REPORT JUNE 2017 Belfer Center for Science and International Affairs Harvard Kennedy School 79 JFK Street Cambridge, MA 02138 www.belfercenter.org Publication design and illustrations by Andrew Facini Cover photo: United States. Central Intelligence Agency. The Spratly Islands and Paracel Islands. Scale 1:2,000,000. Washington, D.C.: Central Intelligence Agency, 1992. Copyright 2017, President and Fellows of Harvard College Printed in the United States of America Freedom of Navigation in the South China Sea A Practical Guide Eleanor Freund SPECIAL REPORT JUNE 2017 About the Author Eleanor Freund is a Research Assistant at Harvard Kennedy School’s Belfer Center for Science and International Affairs. She studies U.S. foreign policy and security issues, with a focus on U.S.-China relations. Email: [email protected] Acknowledgments The author is grateful to James Kraska, Howard S. Levie Professor of International Law at the U.S. Naval War College, and Julian Ku, Maurice A. Deane Distinguished Professor of Constitutional Law at Hofstra University School of Law, for their thoughtful comments and feedback on the text of this document. All errors or omissions are the author’s own. ii Freedom of Navigation in the South China Sea: A Practical Guide Table of Contents What is the UN Convention on the Law of the Sea (UNCLOS)? ..............1 What are maritime features? ......................................................................1 Why is the distinction between different maritime features important? .................................................................................... 4 What are the territorial sea, the contiguous zone, and the exclusive economic zone? ........................................................... 5 What maritime zones do islands, rocks, and low-tide elevations generate? ....................................................................7 What maritime zones do artificially constructed islands generate? .... -
SOUTH CHINA SEA the NEW DRAGON’S LAIR by Ty Bomba
above — A Malayasian CB90 - CB stands for Combat Boat right — Chinese Marines in their distinctive uniforms. It would be troops such as these that would be used in any operation to seize all the Spratly Islands SOUTH CHINA SEA THE NEW DRAGON’S LAIR By Ty Bomba ighty percent of the world’s freedom of navigation across the Central Committee of 15 (from an over- total sea-transported oil goes area––have done little more than all civilian population of about 1,000). E through the South China Sea engage in diplomatic handwringing At the same time, the People’s and, of course, that means the area over the issue. During that time the Liberation Army has created a inescapably has international signifi - mainland Chinese have fortifi ed seven division-level “garrison headquarters” cance. At the same time, within that of the Spratlys (named after the British on Sansha, and it fi elds an estimated transshipment total, about 60 percent whaling ship captain who, in 1843, was 6,000 military personnel across the two of China’s oil imports move across the the fi rst Western navigator to chart island groups. Airfi elds large enough to area. From the Chinese perspective, the island) and an equal number of accommodate fourth-generation Su-27 especially given the fact their energy the Paracels (the modernized form and Su-30 fi ghter aircraft have been importation needs are expected to of the old Portuguese word “pracel,” built, along with hardened revetments double by mid-century, all that comes meaning shallow seas or banks). -
Vietnam Protests Over Chinese Military Drill in South China Sea
Vietnam protests over Chinese military drill in South China Sea BEIJING/HANOI (Reuters) - China urged Vietnam on Friday to take a calm and rational view of its military drills in the South China Sea, after Vietnam expressed opposition, as tension between the neighbors worsens over the disputed strategic waterway. China has appeared uneasy at Vietnam’s efforts to rally Southeast Asian countries over the busy waterway as well as at its neighbor’s growing defense ties with the United States, Japan and India. In July, under pressure from Beijing, Vietnam suspended oil drilling in offshore waters that are also claimed by China. Vietnam was deeply concerned about the exercises in the Gulf of Tonkin area, at the north end of the South China Sea, Foreign Ministry spokeswoman Le Thi Thu Hang said in a statement, but did not make clear what drills were being referred to. “Vietnam proposes China to cease and refrain from repeating acts that complicate the situation in the East Sea,” Hang said, employing Vietnam’s name for the South China Sea. All foreign activities in Vietnamese waters must comply with Vietnamese and international laws, she added. FILE PHOTO: An aerial view of Southwest Cay, also known as Pugad Island, controlled by Vietnam and part of the Spratly Islands in the disputed South China Sea, April 21, 2017. REUTERS/Francis Malasig/Pool Vietnam’s Foreign Ministry conveyed its position to a Chinese embassy representative on Thursday, the statement added, without saying when China’s announcement was made or when any drill might take place. In Beijing, Chinese foreign ministry spokeswoman Hua Chunying said the drills were routine annual exercises and were being carried out in the northwestern part of the South China Sea. -
China Versus Vietnam: an Analysis of the Competing Claims in the South China Sea Raul (Pete) Pedrozo
A CNA Occasional Paper China versus Vietnam: An Analysis of the Competing Claims in the South China Sea Raul (Pete) Pedrozo With a Foreword by CNA Senior Fellow Michael McDevitt August 2014 Unlimited distribution Distribution unlimited. for public release This document contains the best opinion of the authors at the time of issue. It does not necessarily represent the opinion of the sponsor. Cover Photo: South China Sea Claims and Agreements. Source: U.S. Department of Defense’s Annual Report on China to Congress, 2012. Distribution Distribution unlimited. Specific authority contracting number: E13PC00009. Copyright © 2014 CNA This work was created in the performance of Contract Number 2013-9114. Any copyright in this work is subject to the Government's Unlimited Rights license as defined in FAR 52-227.14. The reproduction of this work for commercial purposes is strictly prohibited. Nongovernmental users may copy and distribute this document in any medium, either commercially or noncommercially, provided that this copyright notice is reproduced in all copies. Nongovernmental users may not use technical measures to obstruct or control the reading or further copying of the copies they make or distribute. Nongovernmental users may not accept compensation of any manner in exchange for copies. All other rights reserved. This project was made possible by a generous grant from the Smith Richardson Foundation Approved by: August 2014 Ken E. Gause, Director International Affairs Group Center for Strategic Studies Copyright © 2014 CNA FOREWORD This legal analysis was commissioned as part of a project entitled, “U.S. policy options in the South China Sea.” The objective in asking experienced U.S international lawyers, such as Captain Raul “Pete” Pedrozo, USN, Judge Advocate Corps (ret.),1 the author of this analysis, is to provide U.S. -
The South China Sea Arbitration Case Filed by the Philippines Against China: Arguments Concerning Low Tide Elevations, Rocks, and Islands
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Xiamen University Institutional Repository 322 China Oceans Law Review (Vol. 2015 No. 1) The South China Sea Arbitration Case Filed by the Philippines against China: Arguments concerning Low Tide Elevations, Rocks, and Islands Yann-huei SONG* Abstract: On March 30, 2014, the Philippines submitted its Memorial to the Arbitral Tribunal, which presents the country’s case on the jurisdiction of the Tribunal and the merits of its claims. In the Memorial, the Philippines argues that Mischief Reef, Second Thomas Shoal, Subi Reef, Gaven Reef, McKennan Reef, Hughes Reef are low-tide elevations, and that Scarborough Shoal, Johnson Reef, Cuarteron Reef, and Fiery Cross Reef are “rocks”, therefore these land features cannot generate entitlement to a 200-nautical-mile EEZ or continental shelf. This paper discusses if the claims made by the Philippines are well founded in fact and law. It concludes that it would be difficult for the Tribunal to rule in favor of the Philippines’ claims. Key Words: Arbitration; South China Sea; China; The Philippines; Low tide elevation; Island; Rock; UNCLOS I. Introduction On January 22, 2013, the Republic of the Philippines (hereinafter “the Philippines”) initiated arbitral proceedings against the People’s Republic of China (hereinafter “China” or “PRC”) when it presented a Note Verbale1 to the Chinese * Yann-huie Song, Professor, Institute of Marine Affairs, College of Marine Sciences, Sun- yet Sen University, Kaohsiung, Taiwan and Research Fellow, Institute of European and American Studies, Academia Sinica, Taipei, Taiwan. E-mail: [email protected]. -
The World Factbook
The World Factbook East & Southeast Asia :: Spratly Islands Introduction :: Spratly Islands Background: The Spratly Islands consist of more than 100 small islands or reefs. They are surrounded by rich fishing grounds and potentially by gas and oil deposits. They are claimed in their entirety by China, Taiwan, and Vietnam, while portions are claimed by Malaysia and the Philippines. About 45 islands are occupied by relatively small numbers of military forces from China, Malaysia, the Philippines, Taiwan, and Vietnam. Since 1985 Brunei has claimed a continental shelf that overlaps a southern reef but has not made any formal claim to the reef. Brunei claims an exclusive economic zone over this area. Geography :: Spratly Islands Location: Southeastern Asia, group of reefs and islands in the South China Sea, about two-thirds of the way from southern Vietnam to the southern Philippines Geographic coordinates: 8 38 N, 111 55 E Map references: Southeast Asia Area: total: less than 5 sq km country comparison to the world: 248 land: less than 5 sq km water: 0 sq km note: includes 100 or so islets, coral reefs, and sea mounts scattered over an area of nearly 410,000 sq km of the central South China Sea Area - comparative: NA Land boundaries: 0 km Coastline: 926 km Maritime claims: NA Climate: tropical Terrain: flat Elevation extremes: lowest point: South China Sea 0 m highest point: unnamed location on Southwest Cay 4 m Natural resources: fish, guano, undetermined oil and natural gas potential Land use: arable land: 0% permanent crops: 0% other: -
The Spratly Islands Administered by the Individual States of the Region and the Boundaries of Claims Versus the Exclusive Econom
The Spratly Islands administered by the individual states of the region and the boundaries of claims versus the exclusive economic zones and the boundaries of the continental shelf 0 25 50 75 100 km 0 25 50 75 100 NM 2009 VIETNAM 1974 Northeast Cay Southwest Cay Block Claim Vietnam Petroleum South Reef West York Island Thitu Island Subi Reef Irving Reef Flat Island Loaita Cay Nanshan Island Lankiam Cay Loaita Island a e Centre Cay Petley Reef S Itu Aba Island Sand Cay Gaven Reef a Namyit Island n i Discovery Great Reef 1979 Hughes Reef Mischief Reef h Sin Cowe Island C (Union Banks) Grierson Reef Collins Reef Higgens Reef Second Lansdowne Reef Thomas Shoal h Johnson South Reef t u Fiery Cross Reef First o Bombay Castle S Thomas Shoal 2009 2009 (London Reefs) PHILIPPINES Central Reef Pearson Reef Pigeon Reef 1979 West Reef Cuarteron Reef East Reef Alison Reef Ladd Reef Cornwallis South Reef Spratly Island Commodore Reef Prince of Wales Bank Barque Canada Reef Erica Reef Investigator Shoal Alexandra Bank Mariveles Reef Prince Consort Bank Amboyna Cay Grainger Bank Rifleman Bank Ardasier Reef Vanguard Bank Swallow Reef 1979 1979 The boundaries of the claims in the South China Sea have not been precisely delimited. This is their approximate location, presented for illustrative purposes only. for illustrative location, presented delimited. This is their approximate precisely not been Sea have the claims in the South China The boundaries of : MALAYSIA © / Reservation LEGEND Areas of land (islands, cays, reefs, rocks): Submerged areas and areas only partly above water: Boundaries of claims submitted by: Boundaries of the exclusive economic zones delimited pursuant to the ruling of the Permanent Court of Arbitration in The Hague issued in 2016 (case number 2013–19) and in line with the UNCLOS, i.e. -
Expansion and Military Deployment on Vietnamese-Occupied Features in the Spratly Islands
Expansion and Military Deployment on Vietnamese-Occupied Features in the Spratly Islands Chen Qi April 6, 2021 About SCSPI With a view to maintaining and promoting the peace, stability and prosperity of the South China Sea, we launched the South China Sea Strategic Situation Probing Initiative (SCSPI). The Initiative aims to integrate intellectual resources and open source information worldwide and keep track of important actions and major policy changes of key stakeholders and other parties involved. It provides professional data services and analysis reports to parties concerned, helping them keep competition under control, and with a view to seek partnerships. Limited Print and Electronic Distribution Rights: This document, printed by SCSPI, is protected by law. Unauthorized posting of this publication online is prohibited. Permission is required from SCSPI to reproduce, or reuse in another form, any of its research documents for commercial use. Email: [email protected] Web: http://www.scspi.org/ Twitter: @SCS_PI © Copyright 2021 SCSPI. All Rights Reserved i Content About SCSPI................................................................................................... i I. Construction in the Early Stage ................................................................. 3 II. Massive Land Reclamation .................................................................... 12 III. Military Deployment on Vietnam-Occupied Features .......................... 30 IV. Conclusion ............................................................................................. 51 Expansion and Military Deployment on Vietnamese-Occupied Features in the Spratly Islands Chen Qi In 1975, Vietnam went back on its long-standing position over Spratly islands in the South China Sea – these islands are part of China’s territory – and occupied five ‘features seized by the Republic of Vietnam, or South Vietnam with its capital in Saigon, in the name of “emancipating Quan Dao Truong Sa” (an illegal name of the main islands and reefs of Spratly Islands coined by Vietnam). -
Tides of Change: Taiwan's Evolving Position in the South China
EAST ASIA POLICY PAPER 5 M AY 2015 Tides of Change: Taiwan’s evolving position in the South China Sea And why other actors should take notice Lynn Kuok Brookings recognizes that the value it provides to any supporter is in its absolute commitment to quality, independence, and impact. Activities supported by its donors reflect this commitment, and the analysis and recommendations of the Institution’s scholars are not determined by any donation. Executive Summary aiwan, along with China and four Southeast The People’s Republic of China (PRC) inherited its Asian countries, is a claimant in the South claims from the Republic of China (ROC) after the TChina Sea, though this fact is sometimes Chinese civil war. Thus, the ROC’s interpretation overlooked. On paper, Taiwan and China share of its claims is relevant to the PRC’s claims. No- the same claims. The dashed or U-shaped line en- tably, a more limited reading of the claims would capsulating much of the South China Sea appears not be inconsistent with China’s official position on both Taiwanese and Chinese maps. as set out in its 2009 and 2011 statements to the United Nations. Neither China nor Taiwan has officially clarified the meaning of the dashed line which could be Taiwan’s overtures have largely, however, been ig- seen as making a claim to the wide expanse of wa- nored. At the root of this is China’s “one-China” ter enclosed within the dashed line or (merely) to principle, which has cast a long shadow over Tai- the land features contained therein and to mari- wan. -
Security Implications of Conflict in the South China Sea: Exploring Potential Triggers of Conflict
Security Implications of Conflict in the South China Sea: Exploring Potential Triggers of Conflict A Pacific Forum CSIS Special Report Prepared by Ralph A. Cossa Pacific Forum CSIS Based in Honolulu, Hawaii, the Pacific Forum CSIS operates as the autonomous Asia-Pacific arm of the Center for Strategic and International Studies in Washington, D.C. Founded in 1975, the thrust of the Forum's work is to help develop cooperative policies in the Asia-Pacific region through debate and analyses undertaken with the region's leaders in the academic, government, and corporate arenas. The Forum's programs encompass current and emerging issues in political, security, economic/business, and oceans policy issues. It collaborates with a network of more than 30 research institutes around the Pacific Rim, drawing on Asian perspectives and disseminating its projects' findings and recommendations to opinion leaders, governments, and publics throughout the region. An international Board of Governors guides the Pacific Forum=s work; it is chaired by Brent Scowcroft, former Assistant to the President for National Security Affairs. The Forum is funded by grants from foundations, corporations, individuals, and governments, the latter providing a small percentage of the forum=s $1.2 million annual budget. The forum=s studies are objective and nonpartisan and it does not engage in classified or proprietary work. Security Implications of Conflict in the South China Sea: Exploring Potential Triggers of Conflict Prepared by Ralph A. Cossa Honolulu, Hawaii March 1998 Acknowledgment The Pacific Forum CSIS is grateful to the Smith-Richardson Foundation, Inc. for their support for this study. Views expressed and conclusions reached are those of the author and do not necessarily reflect the views of the Pacific Forum CSIS, the sponsor, or the participants of the two conferences on "Security Implications of Conflict in the South China Sea," from which much of the data for this report was drawn.