South China Sea Dispute: Countries Involved, Causes and Solutions

Context

The External Affairs Minister (EAM) of India is on an official visit to the Philippines in the background of heightened tensions between the Philippines and Chinese naval forces.

India Support for Philippines Amidst South China Sea Tensions

• Dispute over the Second Thomas Shoal:

  • Currently, China and the Philippines are engaged in a tense dispute over the Second Thomas Shoal in the South China Sea (SCS.). Both countries claim ownership of the shoal.

• Aggressive Actions of the Chinese Coast Guard: 

• • The aggressive maritime actions by the Chinese Coast Guard were taken against a Filipino vessel intended to deliver supplies to troops aboard the BRP Sierra Madre ship in the Spratly Islands.
    • The Chinese Coast Guard claimed it was legitimately guarding “Chinese waters” from the “foreign vessel”.

• Verbal Exchanges between India and China: 

  • This recent confrontation in the SCS follows a series of verbal exchanges between India and China regarding Arunachal Pradesh. 
    • In recent weeks, India and China have engaged in disputes over China’s assertion of territorial claims over Arunachal Pradesh, which India has firmly rejected as “absurd” and “ludicrous”. 

Key Highlights of the Meet 

• Agenda of the Visit: The visit’s agenda includes professional exchanges, cross-deck visits, joint exercises as well as official and social engagements, including visits to capacity-building facilities.
• Visit to Indian Coast Guard Ship in Manila Bay: EAM visited Indian Coast Guard (ICG) ship Samudra Paheredar, a specialised Pollution Control Vessel, which is in Manila Bay in the Philippines as part of an overseas deployment to the ASEAN countries.
• Highlighting Shared Challenges: He emphasized the significance of the ship’s visit which underscored the “shared challenges” confronting India and the Philippines.
  • These challenges include oceanic pollution, illegal fishing, and environmental protection in the region. 
  • The ICG has a Memorandum of Understanding (MoU) towards enhanced maritime cooperation, safety, and security with the Coast Guards of the Philippines and Vietnam.
• India’s Support for Philippine Sovereignty: The EAM expressed India’s unwavering support for the Philippines in asserting its national sovereignty amidst the dispute with Beijing over the SCS. 
• Defense and Security Cooperation: He emphasized India’s interest in expanding cooperation with the Philippines, particularly in defense and security realms.
  • He also stressed the importance of “like-minded countries” in the Indo-Pacific region collaborating to strengthen cooperation.
• Other areas of Growing Cooperation: Other areas of cooperation between the two countries were discussed. 

• • This includes trade, capacity-building in digital infrastructure, regional issues including the Indo-Pacific, Myanmar, the Ukraine war and cooperation in common fora including the UN and Non Aligned Movement (NAM).
• Importance of Adherence to International Law: EAM stressed the 1982 UN Convention on the Law of the Seas (UNCLOS), which is the “the constitution of the seas”, and all parties “must adhere to it in its entirety, both in letter and in spirit”.

About South China Sea

• Location: 

  • The South China Sea is a marginal sea of the Western Pacific Ocean.
    • Marginal Sea: A marginal sea is a type of sea that is partially enclosed by land and connected to a larger ocean or sea.
    • The South China Sea is connected by Taiwan Strait with the East China Sea and by Luzon Strait with the Philippine Sea.

• Bordering States & Territories: 

  • The People’s Republic of China, the Republic of China (Taiwan), the Philippines, Malaysia, Brunei, Indonesia, Singapore and Vietnam.
    • The Gulf of Thailand and the Gulf of Tonkin are also part of the South China Sea.

• Features: 

  • There are two major clusters of land features in the Sea. 
    • Paracels:  These consist mainly of islands and reefs. 
      • Reefs are chains of rocks or coral at or near the surface of the water. 
    • Spratlys:  They have some islands but are mostly reefs and rocks that may not even appear above water at high tide.

• Topography: 

• • Most of these islands are not arable, do not support permanent crops, and have no meadows, pastures, or forests.  However, the surrounding water areas are abundant in oil, natural gas, minerals, and seafood.

Importance of South China Sea

• Strategic Location: 

  • It is strategically located at the crossroads of major maritime trade routes, connecting the Pacific Ocean to the Indian Ocean. 

• Global Shipping Lane: 

  • More than $3 trillion in trade passing through its waters annually.
    • It serves as a crucial transit point for international shipping, and global trade.
    • 80% of global trade by volume and 70% by value is transported by sea. Of the total volume, 60% passes through Asia, with the SCS carrying an estimated one-third of global shipping

• Natural Resources: 

• • The sea is believed to have abundant natural resources, including fisheries and potential oil and gas reserves.
    • Fishing Ground: It is home to rich fishing grounds that provide for the livelihoods of millions. More than half of the world’s fishing vessels are in the SCS, and millions of people depend on these waters for their food and livelihoods.
    • Energy Reserves: It has proved oil and gas reserves. 
    • Energy Routes: Significant energy routes for East Asian countries to transport oil and natural gas. 

Significance of South China Sea for India

• Economic Significance:

  • Global Trade: 55% of India’s trade with the Indo-Pacific region passes through the waters of SCS.
  • Sea Lanes of Communication (SLOCs): Nearly 55% of India’s trade transits through it. 
  • Energy Resources: India seeks to explore the vast reserves of oil and natural gas.
  • Maritime Connectivity: The SCS is a key link in India’s Act East Policy. 

• Security Significance:

• • Strategic Waterway: The SCS is a strategic waterway that connects the Indian Ocean to the Pacific Ocean.
  • Freedom of Navigation: India is a staunch supporter of freedom of navigation.
  • Countering China’s Expansionism: India seeks to balance it by strengthening its own maritime capabilities and deepening its ties with regional partners.

• • Protecting Indian Ocean Interests: Maintaining a stable and rules-based order in the South China Sea is crucial for safeguarding India’s interests in the Indian Ocean region.

• Geopolitical Significance:

• • Emerging as a Regional Power: With a vested interest in shaping the Indo-Pacific order.
  • Strengthening Alliances: With the US, Japan, Australia, and ASEAN countries.
  • Promoting a Rules-Based Order: For the prevalence of international law and norms.
  • Growing importance for the Indo-Pacific Region in geopolitics.

About South China Sea Dispute

• About: The South China Sea Dispute involves island and maritime claims of several sovereign states of the region who contest China’s claim over such territory. 
  • According to the Asia Maritime Transparency Initiative (AMTI), around 70 disputed reefs and islets are under contestation.
  • China, Vietnam, the Philippines, Malaysia and Taiwan have built more than 90 outposts on these disputed features.
• Parties to the South China Sea Dispute: This includes Brunei, Taiwan, Malaysia, Indonesia, Philippines, and Vietnam that are directly involved in the South China Sea dispute with China.
• China: It claims nearly the entire SCS based on its historical “nine dash line” claim, which encompasses the Paracel Islands, Spratly Islands, Scarborough Shoal, and other features within the region.

• Taiwan: Officially known as the Republic of China (ROC), asserts the same territorial claims as China over the SCS, including the Paracel Islands, Spratly Islands, and Scarborough Shoal.
• Vietnam: It claims sovereignty over the Paracel Islands and the Spratly Islands in the SCS. It also contests China’s claims and activities in the disputed waters.
• Philippines: It asserts its claims over the Spratly Islands, including Scarborough Shoal, which is located within its Exclusive Economic Zone (EEZ). 
• Malaysia: It claims several features in the Spratly Islands, including the Layang-Layang Reef, Swallow Reef, and the Investigator Shoal.
• Brunei: Brunei claims a portion of the Spratly Islands, but its claim is relatively small compared to other claimant countries.

China’s Stand Over the South China Sea Dispute

• China’s Assertion of Sovereignty: While these countries question China’s claim of its sovereignty over the region, China does not recognize them and claims the islands and maritime lanes are within the nine-dash line and are a part of its own territory.
  • China insists on its “historical rights” to the “waters and islands”of the SCS.
• Opposition to Internationalisation of the South China Sea Dispute: China is opposed to the internationalisation of the South China Sea Dispute.
  • It demands that such conflict should be resolved bilaterally without the intervention or mediation from any other nation or multilateral institutions.

Concerns with China’s Expansion/Challenges in the South China Sea Region

• Fishing Ban: 

  • It has been arbitrarily imposed by China since 1999 under the pretext of promoting sustainable fishing and improving marine ecology. 
    • The ban includes waters 12 degrees north of the equator and includes parts of Vietnam’s 200-mile EEZ and the Paracel Islands.

• Legal Actions:   

  • Article 22  of the Coast Guard Law promulgated in January 2021 in China enables the China Coast Guard (CCG) to use weapons against foreign organizations and individuals that infringe on China’s sovereign rights and jurisdiction at sea.

• Proxy Warfare:  

  • Actions conducted by Chinese maritime militia with support from the CCG aimed at swarming, ramming foreign vessels, and blocking their access to disputed areas. 
    • This was evident in the recent friction between China and the Philippines.
    • The CCG utilized a ‘military-grade’ laser against a Philippine Coast Guard vessel, disrupting a rotation and resupply mission near Second Thomas Shoal, and engaging in dangerous maneuvers to impede the mission.

• Raising Questions on Maritime Diplomacy: 

  • The publication of China’s ’10-dash line’ map has raised questions about China’s adherence to international law and diplomacy. 
    • The dispute has implications for regional stability and broader U.S.-China relations, as the United States and its allies respond to China’s assertiveness in the South China Sea region. 

• Tracking Militia Vessels: 

• • China’s militia vessels usually turn off or manipulate their automatic identification system (AIS) or have a short-range transmitter so it is hard for them to be located. 

• Managing China-US military and Paramilitary Competition:  

  • With China’s expansion in the region, US military involvement in the area has largely increased leading to the militarisation of the region.
    • The US has expanded the scale of military exercises with allies in Southeast Asia, and increased the frequency and intensity of its ‘freedom of navigation operations’ (FONOPs).
    • It has deployed larger amounts of advanced weapons, and strengthened military ties with regional states.

Attempts to Resolve South China Sea Dispute

• Dispute Settlement Mechanism of the UNCLOS: The Philippines invoked the dispute settlement mechanism of the UNCLOS in 2013 to test the legality of China’s ‘nine dash line’ regarding the disputed Spratlys. 
• Ruling by Permanent Court of Arbitration (PCA):  In response, the Permanent Court of Arbitration (PCA) at The Hague decreed in its 2016 judgement that the line had “no legal basis.” 

• • China dismissed the judgement as “null and void.” 
• Role of ASEAN: In 2002, the Association of Southeast Asian Nations (ASEAN) and China signed the Declaration on the Code of Conduct of Parties in the SCS in an attempt to manage and resolve disputes.

Challenges in Resolving the South China Sea Dispute

• Undefined Geographic Scope: There is disagreement among the claimant countries and other stakeholders over the exact geographic boundaries and scope of the SCS which further complicates the dispute.
• Disagreement over dispute settlement mechanisms: There is a lack of consensus on how to settle disputes in South China Sea. 
  • Different countries have varying preferences regarding the mechanisms and forums for resolving conflicts.
• Legal status of the Code of Conduct (COC): Negotiations for a COC between ASEAN and China are ongoing, but the legal status and enforceability of the COC remain undefined.
• Historical Complexities: The diverse histories and competing territorial claims of distant, largely uninhabited archipelagos.

Options for India Considering Its Interests in the South China Sea Region

• Defence Diplomacy:  As South China Sea (SCS) carries merchandise to and from India. Thus, India has a stake in the SCS, just as China has in the Indian Ocean. India must, therefore continue to actively pursue its defence diplomacy outreach in the Indo Pacific region: 
  • Increase military training and conduct exercises and exchanges at a higher level of complexity,
  • Extend Humanitarian Assistance and Disaster Relief activities, 
  • Share patrolling of the Malacca Strait with the littoral countries, etc. 
• Extending Comprehensive Strategic Partnerships: The Comprehensive Strategic Partnerships that India has concluded with Australia, Japan, Indonesia, the U.S., and Vietnam could be extended to Malaysia, the Philippines, Thailand, and Singapore. 
• Strengthening ANC: India should also strengthen the military capabilities of the tri-service Andaman and Nicobar Command (ANC).

Way Forward to South China Sea Dispute

• Diplomacy and Engagement:

• • Multilateral Negotiations: Encourage all parties involved in the dispute to engage in peaceful, open, and multilateral negotiations to find mutually acceptable solutions and fostering understanding among the nations.

• • Regular Dialogues: These dialogues can help in addressing immediate concerns and preventing misunderstandings from escalating into conflicts.

• Code of Conduct (COC): 

  • Actively promote the finalization and adherence to a robust and legally binding Code of Conduct for the SCS. 
    • This COC should outline specific guidelines for behavior in the region, including dispute resolution mechanisms, maritime security protocols, and environmental protections.

• Conflict Prevention and Management:

  • Confidence-Building Measures: Establishing hotlines between military and government officials to facilitate immediate communication in case of maritime incidents. 
  • Maritime Cooperation: Encourage joint efforts in areas such as marine scientific research, environmental protection, and fisheries management to foster cooperation and mutual benefit.

• International Arbitration and Legal Mechanisms: 

  • Encourage nations involved to utilize international arbitration and legal mechanisms to address specific disputes. 
    • Uphold and respect international rulings, such as the Permanent Court of Arbitration’s ruling in the Philippines vs. China case, as a basis for resolving disputes peacefully.

• Role of Third-Party Mediation and Regional Cooperation in Resolving the South China Sea Dispute.

  • Neutral Mediators: Involve neutral third-party mediators such as the United Nations, ASEAN, or other respected international bodies. These mediators can facilitate negotiations, offer expert advice, and help maintain impartiality during discussions.
  • Regional Involvement: Encourage active involvement and support from regional organisations like ASEAN, which can play a vital role in mediating and facilitating dialogue among the disputing parties.

• Promotion of Common Interests:

• • Shared Prosperity: Emphasize the shared economic and environmental interests of the countries involved in the South China Sea. Encourage joint initiatives for sustainable development, disaster management, and protection of marine resources, highlighting the benefits of cooperation.
  • Cultural Exchanges: Promote people-to-people exchanges, cultural understanding, and academic collaboration among nations to foster mutual respect and reduce prejudices.

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