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Malaysia's Claims and Positions Over Maritime Features in the South
Malaysia’s Claims and Positions over Maritime Features In the South China Sea Jalila Abdul Jalil, Senior Researcher, MIMA 10th South China Sea Conference Cooperation for Regional Security and Development Da Nang City, Viet Nam Thursday, 8 November1 2018 Disclaimer The information contained in this presentation reflects the personal views of the presenter 2 Outline of Presentation • Introduction • Malaysia’s claims in the South China Sea • Malaysia’s position in the South China Sea • Extended continental shelf claim in the Defined Area in the South China Sea • Lessons from Philippines Arbitration relating to Malaysia’s Claim in the South China: Possible Consideration 3 Malaysia’s Claims in the South China Sea 4 Map showing the aerial view of the South China Sea Source: Malaysia Airport Berhad 6 Source: Forbes and Basiron, (2008) Malaysia’s Maritime Realm Atlas • This map shows in general the overlapping claims in the South China Sea Map of the Competing Claims of the South China Sea by Arsana and Schofield, 2012 from Agora: South China Sea (2013), Vol. 107:95, American Journal of International Law (AJIL) . 8 Malaysia’s claims in the South China Sea • Malaysia’s claim are encapsulated in Malaysia’s Peta Baru 1979. • The Map was drawn based on the 1958 Geneva Convention, bilateral treaties and customary international law • Malaysia’s claim is based on the fact that the features are part of its continental shelf and thus entitles Malaysia to an extended continental shelf based on the natural prolongation of the continental shelf. • Malaysia can claims the respective maritime zones namely territorial sea, EEZ and continental shelf. -
What Does Vietnam Want from the US in the South China Sea?
DIPLOMAT 4 January 2021 What Does Vietnam Want from the US in the South China Sea? Despite seeking a balance between the superpowers, Vietnam desires more robust security ties with Washington. By Derek Grossman As the incoming Biden administration formulates its South China Sea strategy, one regional partner that looms large is Vietnam. Over the last few years, tensions between China and Vietnam in the South China Sea have remained high, impacting fishing and natural resource exploration in disputed waters. While the Biden administration is likely to continue the positive momentum in bilateral ties, it is less clear what specifically Hanoi seeks from Washington to help it effectively deter Beijing. This is wholly understandable. As I have recently examined at length in a RAND research report, Vietnam is doubling-down on its delicate balancing act as U.S.-China competition throughout the Indo-Pacific dramatically heats up. Although Hanoi feels compelled to counter China’s bad behavior in the South China Sea, it also understands that its future is inextricably tied to peaceful relations with Beijing. Thus, Hanoi typically avoids publicly airing policy preferences, and even privately, the Vietnamese are notoriously subtle and difficult to read. That leaves Washington in the dark most of the time. But through my research and discussions with Vietnamese interlocutors over the years, a few policy preferences have become apparent. First, Vietnam was quite pleased with Secretary of State Mike Pompeo’s statement on July 13 in which he announced the U.S. would not respect Beijing’s maritime claims derived from disputed features in the Spratly Islands, Scarborough Shoal, Luconia Shoals, and Natuna Besar. -
US-China Strategic Competition in South and East China Seas
U.S.-China Strategic Competition in South and East China Seas: Background and Issues for Congress Updated September 8, 2021 Congressional Research Service https://crsreports.congress.gov R42784 U.S.-China Strategic Competition in South and East China Seas Summary Over the past several years, the South China Sea (SCS) has emerged as an arena of U.S.-China strategic competition. China’s actions in the SCS—including extensive island-building and base- construction activities at sites that it occupies in the Spratly Islands, as well as actions by its maritime forces to assert China’s claims against competing claims by regional neighbors such as the Philippines and Vietnam—have heightened concerns among U.S. observers that China is gaining effective control of the SCS, an area of strategic, political, and economic importance to the United States and its allies and partners. Actions by China’s maritime forces at the Japan- administered Senkaku Islands in the East China Sea (ECS) are another concern for U.S. observers. Chinese domination of China’s near-seas region—meaning the SCS and ECS, along with the Yellow Sea—could substantially affect U.S. strategic, political, and economic interests in the Indo-Pacific region and elsewhere. Potential general U.S. goals for U.S.-China strategic competition in the SCS and ECS include but are not necessarily limited to the following: fulfilling U.S. security commitments in the Western Pacific, including treaty commitments to Japan and the Philippines; maintaining and enhancing the U.S.-led security architecture in the Western Pacific, including U.S. -
Malaysia and Brunei: an Analysis of Their Claims in the South China Sea J
A CNA Occasional Paper Malaysia and Brunei: An Analysis of their Claims in the South China Sea J. Ashley Roach With a Foreword by CNA Senior Fellow Michael McDevitt August 2014 Unlimited distribution Cleared 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 is the second of three legal analyses 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 J. -
What's Wrong with the Status Quo in the South China Sea?
What’s wrong with the status quo in the South China Sea? Bill Hayton Author – South China Sea: the struggle for power in Asia Associate Fellow, Chatham House @bill_hayton WHAT IS THE STATUS QUO? PRC occupies all Paracels plus 7 features in Spratlys. Taiwan occupies Itu Aba Vietnam occupies 21 features in Spratlys plus 6 underwater banks Philippines occupies 9/10 features in Spratlys; Malaysia occupies 5 reefs WHAT WOULD PEACE LOOK LIKE? • Does China intend to occupy every single feature within the U-shaped line? • Or does China accept that any agreement will have to involve compromise on territorial claims? • Does China agree that UNCLOS sets the rules for resource allocation and maritime rules everywhere? • Are the claimants prepared to accept the use of critical historical evidence in resolving the disputes? WHERE DO THREATS COME FROM? 1. Claimant states that refuse to accept compromise on territorial claims 2. Claimant states that deny the role of UNCLOS in the South China Sea 3. Specifically, claims to ‘historic rights’ are a clear threat to peace VIETNAM’S TROUBLES… Repsol drilled appraisal well in Block 136-03 in June 2017 General Fan Changlong visited Madrid and Hanoi to order the drilling to stop General Fan threatened attacks on Vietnamese positions on Vanguard Bank INDONESIA’S TROUBLES… Atlas found aboard Chinese fishing boat Gui Bei Yu in May 2016 Published by a state-owned publishing house Blatant violation of UNCLOS – yet standard issue for Chinese fishing boats MALAYSIA’S TROUBLES Chinese vessels on station at Luconia Shoals -
Malaysia and the South China Sea Dispute: Policy Continuity Amid Domestic Political Change
ISSUE: 2020 No. 18 ISSN 2335-6677 RESEARCHERS AT ISEAS – YUSOF ISHAK INSTITUTE ANALYSE CURRENT EVENTS Singapore | 20 March 2020 Malaysia and the South China Sea Dispute: Policy Continuity amid Domestic Political Change Ian Storey* EXECUTIVE SUMMARY • Over the past three decades, Malaysia’s policy towards the South China Sea dispute has been largely consistent with only minor recalibrations. • The policy is designed to protect the country’s sovereignty and sovereign rights, uphold international law and foster peace and stability in the South China Sea. • To achieve these policy outcomes, successive governments have pursued three main strategies: defend the country’s claims; de-emphasize the dispute to maintain friendly relations with China; and promote the ASEAN-led conflict management process. • The Pakatan Harapan (PH) government, led by Prime Minister Mahathir Mohamad, pursued the same policy and strategies, but with a slightly more critical attitude towards China’s behaviour than its immediate predecessor. • Post-PH governments are likely to adhere to Malaysia’s existing policy on the South China Sea. * Ian Storey is Senior Fellow and editor of Contemporary Southeast Asia at the ISEAS – Yusof Ishak Institute. 1 ISSUE: 2020 No. 18 ISSN 2335-6677 INTRODUCTION After a week of political turmoil which saw the collapse of the Pakatan Harapan (PH) government and the resignation of Prime Minister Mahathir Mohamad, on 1 March 2020 Muhyiddin Yassin was appointed as Malaysia’s eighth prime minister. In the near term at least, Prime Minister Muhyiddin is unlikely to announce any major changes in the conduct of the country’s foreign policy for two reasons. -
Preventing Confrontation and Conflict in the South China
China International Strategy Review (2020) 2:36–47 https://doi.org/10.1007/s42533-020-00043-x ORIGINAL PAPER Preventing confrontation and confict in the South China Sea Shicun Wu1 Received: 1 June 2020 / Accepted: 20 June 2020 / Published online: 13 July 2020 © The Institute of International and Strategic Studies (IISS), Peking University 2020 Abstract Beginning in the late 1960s, territorial disputes in the South China Sea have transi- tioned through several diferent phases. Since the United States, in conjunction with its allies and partners under the traditional security framework, intervened through military and diplomatic means, disputes in the region have become more acute and complex than ever before. What does the future hold for countries inside and outside of the South China Sea region and their relationships with each other? Will these disputes escalate or de-escalate? Will diplomatic friction and confrontation develop into direct confict at sea? If 2019 was any indication, new instabilities and intracta- ble discord at the local level are likely in the 2020s and beyond. Unilateral actions by Vietnam, Malaysia, Indonesia, and even the Philippines in the post-Duterte era will trigger turbulence in the South China Sea. China will fnd the maritime cooper- ation it champions more difcult to advance. Negotiations over the Code of Conduct in the South China Sea (COC) may encounter unexpected hurdles. Related legal dis- putes may heat up again and rise to the international level. Close ties between the United States and Vietnam could lead to a “black swan” event. Keywords South China Sea territorial disputes · The United States · Confrontation and confict · South China Sea code of conduct * Shicun Wu [email protected] 1 National Institute for South China Sea Studies, No. -
China-Malaysia Relations: Navigating a Complex Geopolitical Sea Part Two: the South China Sea Issue
December 2014 5 September 2017 China-Malaysia Relations: Navigating a Complex Geopolitical Sea Part Two: The South China Sea Issue Professor Vivian Louis Forbes FDI Associate Key Points Although not terrestrial neighbours, China and Malaysia have a potential maritime boundary to be negotiated in the South China Sea. Negotiations to delimit the maritime boundary are dependent upon many factors, including the other claimant states in the South China Sea. Malaysia will increasingly be confronted by the uncomfortable prospect that its main economic partner may also become a growing security threat. Trade and financial considerations mean that Malaysia may find its hands tied on the South China Sea issue. Summary The Government of Malaysia has stated on several occasions that it would not compromise on its claims in the South China Sea. The Government of China is on record that its sovereignty over all the features within what is now a 10-Dash Line is indisputable. That intractability, combined with large and growing trading links, as discussed in Part One of this analysis, has the potential to place Malaysia in an awkward situation whereby its security, if not territorial integrity, is actively compromised by its primary economic partner. Analysis Malaysia was the fifth claimant state to join the territorial fray in the South China Sea, which came to international focus in December 1979, with the publication of a map that delineated the outer limits of Malaysia’s continental shelf with terminal and turning points, the 84 geographical co-ordinates of which were listed on the map. Within that defined continental shelf limit, a number of the marine features were shown as Malaysian territory. -
The South China Sea: Assessing U.S
A CNA Occasional Paper The South China Sea: Assessing U.S. Policy and Options for the Future Michael McDevitt November 2014 Cleared for Public Release Distribution unlimited. CNA’s Occasional Paper series is published by CNA, but the opinions expressed are those of the author(s) and do not necessarily reflect the views of CNA or the Department of the Navy. Distribution Unlimited distribution permission granted by Smith Richardson Foundation, Inc. Specific authority contracting number: SRF Grant #2014-0047. Distribution authority is controlled by Smith Richardson Foundation, Inc. Photography Credit: South China Sea Claims and Agreements. Source: U.S. Department of Defense’s Annual Report on China to Congress, 2012. This project was made possible by a generous grant from the Smith Richardson Foundation. Portions of this report will be revised for publication in D. Denoon, Editor and Contributor, China, The United States, and the Future of Southeast Asia (NY: NYU Press, forthcoming 2015). Approved by: November 2014 Eric V. Thompson, Director Center for Strategic Studies CNA Corporation Copyright © 2014 CNA ABSTRACT The aim of this report is to propose additional policy options that the United States might pursue in the South China Sea. To this end it provides a detailed recounting of existing U.S. policy toward the South China Sea. It concludes by recommending additional policy approaches aimed toward generating a more peaceful, stable, non- confrontational, law abiding environment in the South China Sea. Along the way it will address the U.S. interests that are involved in the South China Sea. It will briefly explain what international laws apply to the South China Sea, and detail the “rules” that Washington’s policy insists all parties follow. -
The Diversity and Abundance of the Sea Stars (Echinodermata: Title Asteroidea)From Coral Reefs of the Central South China Sea
The Diversity and Abundance of the Sea Stars (Echinodermata: Title Asteroidea)from Coral Reefs of the Central South China Sea YEE KWANG, SIM; SHAU-HWAI, AILEEN TAN; YASIN, Author(s) ZULFIGAR Publications of the Seto Marine Biological Laboratory. Special Citation Publication Series (2009), 9: 25-36 Issue Date 2009 URL http://hdl.handle.net/2433/144632 Right Type Departmental Bulletin Paper Textversion publisher Kyoto University THE NAGISA WESTPAC CONGRESS: 25-36, 2008 The Diversity and Abundance of the Sea Stars (Echinodermata: Asteroidea) from Coral Reefs of the Central South China Sea SIM YEE KWANG1*, AILEEN TAN SHAU-HWAI2 and ZULFIGAR YASIN2 1Centre For Marine & Coastal Studies (CEMACS), Universiti Sains Malaysia, 11800 Penang, Malaysia 2School of Biological Sciences, Universiti Sains Malaysia, 11800 Penang, Malaysia. Corresponding author’s e-mail: [email protected] Abstract This research was conducted to determine the abundance and diversity status of the sea stars from the central South China Sea. An account is given of the species collected during The Research on the Seas and Islands of Malaysia (ROSES) Expedition 2004 from Archipelago of Beting Patinggi Ali to Pulau Layang-Layang, South China Sea. Fifteen reefs were surveyed in Malaysian waters. Surveys for sea star abundance and diversity were done using SCUBA diving and reef walks at low tide. High abundance and species richness was observed. In total, 6 families, 12 genera and 20 species of sea stars were recorded at the study sites. The most dominant family was Ophidiasteridae (12 species) and the most common genus was Linckia spp. (four species). Terumbu Siput (Erica Reef) exhibited the highest diversity of sea stars amongst all the reefs surveyed in this expedition. -
“China's Military Power Projection and U.S. National Interests”
Statement before the U.S. - China Economic and Security Review Commission “China’s Military Power Projection and U.S. National Interests” A Testimony by: Gregory B. Poling Director, Asia Maritime Transparency Initiative, and Fellow, Southeast Asia Program, CSIS February 20, 2020 2118 Rayburn House Office Building Poling: Written Testimony, U.S. -China Economic and Security Review … 2/20/2020 2 China’s military is rapidly developing a truly global blue-water navy along with expeditionary air capabilities. For the time being, these efforts are focused on breaking out of the “first-island chain,” which in the People’s Liberation Army-Navy’s (PLAN) strategic thinking separates its near waters of the South and East Seas from the wider Pacific and Indian Oceans. The PLAN and to a lesser degree the People’s Liberation Army-Air Force (PLAAF) are operating with greater regularity in the Indian and Pacific Oceans but lack the logistics networks to support frequent or large-scale expeditionary deployments. Addressing that gap is a clear goal of the PLA, though its successes have so far been mixed. Beyond the Pacific and Indian Oceans, China’s military reach remains largely symbolic, restricted to ship visits, modest intelligence collection, and rare joint exercises. In thinking about Beijing’s efforts to develop military facilities and logistics hubs to support expeditionary capabilities farther afield, it is helpful to place such efforts in a series of categories, from most to least impactful. This is necessarily a loose and imperfect categorization but has considerable explanatory power when it comes to China’s presence in Southeast and South Asia (as well as the Pacific Islands). -
China's Maritime Law Enforcement Activities in the South China
China’s Maritime Law Enforcement Activities in the South China Sea Diane A. Desierto 96 INT’L L. STUD. 257 (2020) Volume 96 2020 Published by the Stockton Center for International Law ISSN 2375-2831 China’s Maritime Law Enforcement Vol. 96 China’s Maritime Law Enforcement Activities in the South China Sea Diane A. Desierto CONTENTS I. Situation.................................................................................................... 258 II. Solution .................................................................................................... 261 III. Conclusion ............................................................................................... 273 Professor Diane A. Desierto (JSD, Yale) is Associate Professor of Human Rights Law and Global Affairs at the University of Notre Dame’s Keough School of Global Af- fairs, and Faculty Fellow at the university’s Kellogg Institute of International Studies, Klau Center for Civil and Human Rights, Liu Institute for Asia and Asian Studies, Pulte Institute for Global Development, and Nanovic Institute of European Studies. Desierto is also Pro- fessor of International Law and Human Rights at the Philippines Judicial Academy, Su- preme Court of the Philippines and External Executive Director and ASEAN Law Visiting Professor at the University of the Philippines College of Law Graduate Program at Boni- facio Global City (BGC). She can be reached at [email protected]. The thoughts and opinions expressed are those of the author and not necessarily those of the U.S. government, the U.S. Department of the Navy, or the U.S. Naval War College. 257 International Law Studies 2020 I. SITUATION C hina, one of the territorial and maritime claimants of the South China Sea, declared in April 2020 that it had created two new administrative dis- tricts in the South China Sea: T Xisha district, covering the Paracel Islands and Macclesfield Bank, and Nansha district covering the Spartly [sic] Islands .