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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? .... -
Drawing a Line in the South China Sea
Basepoints and Equity: Drawing a line in the South China Sea Robin Cleverly Marbdy Consulting Ltd New Approaches to the South China Sea Conflicts University Of Oxford, 19-20th October, 2017 Maritime Zones: straight and Taiwan archipelagic baselines PR China Territorial Sea S O U T H C H I N A S E A Vietnam Philippines Internal water Brunei Sabah Archipelagic water Indonesia Malaysia 1 200M Limits from Taiwan Mainlands PR China Area >200M Vietnam Philippines 200M EEZ + Continental Shelf Brunei Sabah Indonesia Malaysia 2 Bathymetry Very deep ocean >5000m Deep ocean >4000m Intermediate shelf ~2000m Shallow shelf ~100m 3 Outer Continental Shelf Taiwan PR China Oceanic crust Vietnam Philippines Brunei Indonesia Malaysia 4 Outer Continental Shelf Taiwan PR China Oceanic Vietnam’s crust Partial Submission Malaysia/Vietnam Vietnam Joint Submission Philippines Brunei Indonesia Malaysia 5 Outer Continental Shelf Taiwan PR China Possible area beyond CS Outer Continental Shelf >200M Vietnam Philippines 200M EEZ + Continental Shelf Brunei Sabah Indonesia Malaysia 6 South China Sea: Islands Taiwan Prata Island PR China Paracel Islands Scarborough Reef Vietnam Spratly Islands Philippines Brunei Sabah Indonesia Malaysia 7 200M EEZ from all features Taiwan Prata Island PR China Scarborough Paracel Reef Islands Vietnam Spratly Islands Philippines Brunei Indonesia Malaysia 19 Law of the Sea Convention: Regime of Islands Article 121: Regime of islands 1. An island is a naturally formed area of land, surrounded by water, which is above water at high tide. 2. Except as provided for in paragraph 3, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of an island are determined in accordance with the provisions of this Convention applicable to other land territory. -
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]. -
Bulletin No. 91 The
Bulletin No. 91 Law of the Sea Division for Ocean Affairs and the Law of the Sea Office of Legal Affairs United Nations Division for Ocean Affairs and the Law of the Sea Office of Legal Affairs Law of the Sea Bulletin No. 91 United Nations New York, 2017 NOTE The designations employed and the presentation of the material in this publication do not imply the ex- pression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The texts of treaties and national legislation contained in the Bulletin are reproduced as submitted to the Secretariat, without formal editing. Furthermore, publication in the Bulletin of information concerning developments relating to the law of the sea emanating from actions and decisions taken by States does not imply recognition by the United Na- tions of the validity of the actions and decisions in question. IF ANY MATERIAL CONTAINED IN THE BULLETIN IS REPRODUCED IN PART OR IN WHOLE, DUE ACKNOWLEDGEMENT SHOULD BE GIVEN. United Nations Publication ISBN 978-92-1-133855-3 Copyright © United Nations, 2017 All rights reserved Printed at the United Nations, New York ContentS Page I. UNITED NATIONS CONVENTION ON THE LAW OF THE SEA Status of the United Nations Convention on the Law of the Sea, of the Agreement relating to the Implementation of Part XI of the Convention and of the Agreement for the Implementation of the Provisions of the Convention relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks 1. -
Maritime Issues in the East and South China Seas
Maritime Issues in the East and South China Seas Summary of a Conference Held January 12–13, 2016 Volume Editors: Rafiq Dossani, Scott Warren Harold Contributing Authors: Michael S. Chase, Chun-i Chen, Tetsuo Kotani, Cheng-yi Lin, Chunhao Lou, Mira Rapp-Hooper, Yann-huei Song, Joanna Yu Taylor C O R P O R A T I O N For more information on this publication, visit www.rand.org/t/CF358 Published by the RAND Corporation, Santa Monica, Calif. © Copyright 2016 RAND Corporation R® is a registered trademark. Cover image: Detailed look at Eastern China and Taiwan (Anton Balazh/Fotolia). Limited Print and Electronic Distribution Rights This document and trademark(s) contained herein are protected by law. This representation of intellectual property is provided for noncommercial use only. Unauthorized posting of this publication online is prohibited. Permission is given to duplicate this document for personal use only, as long as it is unaltered and complete. Permission is required to reproduce, or reuse in another form, any of our research documents for commercial use. For information on reprint and linking permissions, please visit www.rand.org/pubs/permissions. The RAND Corporation is a research organization that develops solutions to public policy challenges to help make communities throughout the world safer and more secure, healthier and more prosperous. RAND is nonprofit, nonpartisan, and committed to the public interest. RAND’s publications do not necessarily reflect the opinions of its research clients and sponsors. Support RAND Make a tax-deductible charitable contribution at www.rand.org/giving/contribute www.rand.org Preface Disputes over land features and maritime zones in the East China Sea and South China Sea have been growing in prominence over the past decade and could lead to serious conflict among the claimant countries. -
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. -
Sansha City in China's South China Sea Strategy: Building a System of Administrative Control
U.S. Naval War College U.S. Naval War College Digital Commons CMSI China Maritime Reports China Maritime Studies Institute 1-2021 China Maritime Report No. 12: Sansha City in China's South China Sea Strategy: Building a System of Administrative Control Zachary Haver Follow this and additional works at: https://digital-commons.usnwc.edu/cmsi-maritime-reports Recommended Citation Haver, Zachary, "China Maritime Report No. 12: Sansha City in China's South China Sea Strategy: Building a System of Administrative Control" (2021). CMSI China Maritime Reports. 12. https://digital-commons.usnwc.edu/cmsi-maritime-reports/12 This Book is brought to you for free and open access by the China Maritime Studies Institute at U.S. Naval War College Digital Commons. It has been accepted for inclusion in CMSI China Maritime Reports by an authorized administrator of U.S. Naval War College Digital Commons. For more information, please contact [email protected]. iftChina00 Maritimeffij$i)f Studies �fflInstitute Summary China established Sansha City in 2012 to administer the bulk of its territorial and maritime claims in the South China Sea. Sansha is headquartered on Woody Island. The city’s jurisdiction includes the Paracel Islands, Zhongsha Islands, and Spratly Islands and most of the waters within China’s “nine- dash line.” Sansha is responsible for exercising administrative control, implementing military-civil fusion, and carrying out the day-to-day work of rights defense, stability maintenance, environmental protection, and resource development. Since 2012, each level of the Chinese party-state system has worked to develop Sansha, improving the city’s physical infrastructure and transportation, communications, corporate ecosystem, party-state institutions, and rights defense system. -
China's Artificial Island Building Campaign in the South China
Volume 122 Issue 3 Dickinson Law Review Symposium Issue: Access to Justice: Innovations and Challenges in Providing Assistance to Pro Se Litigants Spring 2018 China’s Artificial Island Building Campaign in the South China Sea: Implications for the Reform of the United Nations Convention on the Law of the Sea Adam W. Kohl Follow this and additional works at: https://ideas.dickinsonlaw.psu.edu/dlr Part of the International Law Commons, International Trade Law Commons, Land Use Law Commons, and the Law of the Sea Commons Recommended Citation Adam W. Kohl, China’s Artificial Island Building Campaign in the South China Sea: Implications for the Reform of the United Nations Convention on the Law of the Sea, 122 Dick. L. Rev. 917 (2018). Available at: https://ideas.dickinsonlaw.psu.edu/dlr/vol122/iss3/8 This Comment is brought to you for free and open access by the Law Reviews at Dickinson Law IDEAS. It has been accepted for inclusion in Dickinson Law Review by an authorized editor of Dickinson Law IDEAS. For more information, please contact [email protected]. \\jciprod01\productn\D\DIK\122-3\DIK301.txt unknown Seq: 1 25-JUN-18 11:44 China’s Artificial Island Building Campaign in the South China Sea: Implications for the Reform of the United Nations Convention on the Law of the Sea Adam W. Kohl* ABSTRACT This Comment discusses the United Nations Convention on the Law of the Sea (UNCLOS) with reference to artificial island building in the South China Sea. China recently began an artifi- cial island building campaign in the Spratly Island chain, which is located in the South China Sea. -
China, the US, and the Law of the Sea
Current affairs China perspectives China, the US, and the Law of the Sea SÉBASTIEN COLIN he South China Sea, a major transit area of international maritime ever international law allows.” The summit’s joint statement, without clearly traffic, is the scene of territorial and maritime claims expressed by mentioning Chinese initiatives in the South China Sea, included calls for re - the riparian states, including China but also Vietnam, the Philippines, specting “freedom of navigation and overflight” in the maritime areas as well T (10) Malaysia, Brunei, and Taiwan, and now represents one of the main stumbling as “non-militarization and self-restraint in the conduct of activities.” blocks in the US-China bilateral relationship. Between October 2015 and In fact, a major concern in Washington is that this assertion of Chinese mid-May 2016, a series of initiatives taken unilaterally by China on one side presence in the South China Sea will eventually threaten “freedom of nav - and the US on the other have greatly exacerbated the latent confrontation igation” and in the process, American strategic and economic interests. This of the two powers in this maritime space. concern is partly fuelled by China’s official position regarding certain articles Chinese initiatives have essentially consisted of fitting out the Paracel Is - and clauses of the United Nations Convention on the Law of the Sea (UN - lands and some recently reclaimed reefs of the Spratly archipelago with trans - CLOS) relating to the right of innocent passage through the territorial sea port infrastructure. To this end, the Chinese Ministry of Transport has installed or in the conduct of activities by foreign military ships and aircraft in the three lighthouses on the Spratly Islands: two on Cuarteron and South Johnson exclusive economic zone (EEZ) of the coastal state. -
ADIZ Update: Enforcement in the East China Sea, Prospects for the South China Sea, and Implications for the United States
March 2, 2016 ADIZ Update: Enforcement in the East China Sea, Prospects for the South China Sea, and Implications for the United States Author: Michael Pilger, Policy Analyst, Security and Foreign Affairs Acknowledgments: The author thanks Marc Szepan and Shinji Yamaguchi for providing helpful insights. Their assistance does not imply any endorsement of this report’s contents, and any errors should be attributed solely to the author. Disclaimer: This paper is the product of professional research performed by staff of the U.S.-China Economic and Security Review Commission, and was prepared at the request of the Commission to support its deliberations. Posting of the report to the Commission’s website is intended to promote greater public understanding of the issues addressed by the Commission in its ongoing assessment of U.S.- China economic relations and their implications for U.S. security, as mandated by Public Law 106-398 and Public Law 113-291. However, the public release of this document does not necessarily imply an endorsement by the Commission, any individual Commissioner, or the Commission’s other professional staff, of the views or conclusions expressed in this staff research report. Introduction On November 23, 2013, China established an air defense identification zone (ADIZ)* in the East China Sea (see Figure 1). China’s ADIZ encompasses the Senkaku Islands, which Japan administers but over which both countries claim sovereignty. On the day of the announcement, U.S. Secretary of State John Kerry said China’s ADIZ “constitutes an attempt to change the status quo in the East China Sea.”1 Within days, military aircraft from the United States, Japan, and South Korea flew through China’s ADIZ without complying with China’s ADIZ regulations.2 Since late 2013, international tensions over China’s ADIZ have diminished, but the prospect of a new Chinese ADIZ in the South China Sea warrants further study of China’s operations in its East China Sea ADIZ to date. -
Red Drones Over Disputed Seas
Red Drones Over Disputed Seas A Field Guide to Chinese UAVs/UCAVs Operating in the Disputed East and South China Seas BY IAN BURNS MCCASLIN (Cover Image: Flight Radii of S-100 If Deployed from Physical Features China Controls in the Spratlys, Source: The Asia-Pacific Maritime Security Strategy.1 Author added flight radii over original map.) Red Drones Over Disputed Seas: A Field Guide to Chinese UAVs/UCAVs Operating in the Disputed East and South China Seas | 1 MCCASLIN | PROJECT 2049 INSTITUTE| FUTUREGRAM 17-002 Why A “Field Guide”? Driven by heavy investment in its own drone industry and acquisition (often illegally) of drone technology from abroad, the People’s Republic of China (PRC or China) has experienced a “drone boom.”2 A quick glance at the Wikipedia page for “List of unmanned aerial vehicles of China” shows an astoundingly large number of drone models, even if many will never be mass produced.3 Chinese-made drones are not just proliferating at home, as models, such as the Wing Loong I, are selling more frequently and in larger numbers abroad.4 However, more importantly, China is increasingly deploying drones under the control of its military and maritime law enforcement agencies in areas whose sovereignty China is disputing.5 Specifically, Chinese drones have already been spotted in both the East China Sea, where it has sovereignty disputes with both Japan and the Republic of China (ROC or Taiwan), and the South China Sea, where it has sovereignty disputes with Taiwan, the Philippines, Malaysia, Brunei, and Vietnam. International law and norms, as well as the legal systems in countries around the world, are still struggling to catch up to the new realities and challenges of drone proliferation.6 Currently there are no “rules of the road” for most countries to operate drones nationally, let alone internationally.