South China Sea Dispute

South China Sea is part of Pacific Ocean spreading in some 35 Lakh Kms² with eight littoral countries / territories viz. China, Taiwan, Philippines, Malaysia, Indonesia, Brunei, Singapore and Vietnam. It is made of some 200 tiny islands, coral reefs, sholas, sandbanks etc. grouped into three archipelagos of Spratlys, Paracels and Pratas. The Macclesfield Bank and Scarborough Shoal are also part of South China Sea.

The Islands and other geographical formations of South China Sea are largely uninhabited but due to its geographical location, the South China Sea as utmost strategic as well as economic importance because:

• The sea is one of the primary routes for international trade
• It is important energy route for East Asian countries from Persian Gulf.
• Around one-third of world’s shipping passes through its waters.
• The Paracels and the Spratlys are considered to have large reserves of natural resources beneath their seabed.
• The sea is also home to fishing grounds.

Territorial Disputes

Several countries have made competing territorial claims over the South China Sea. Such disputes have been regarded as Asia’s most potentially dangerous point of conflict.

China and Taiwan claim almost the entire body as their own. China has always been assertive about its claims in the South China Sea. It claims almost the entire SCS on historical grounds. It does not want any third party mediation and supports bilateral talks to resolve the dispute rather than multilateral discussions among the stakeholders. The other countries that claim the various territories are Indonesia, Vietnam, Philippines, Thailand, Malaysia and Singapore and also Brunei.

The dispute involves not only the possession of territorial and maritime rights in the surrounding area but also the legal rights to exploit its resources.

Historical Background of the Dispute

During the first half of the twentieth century, there was no dispute over the region. In 1947, China issued a map detailing its claims over the Paracel and Spratly island chains as integral parts of the Chinese since centuries. Since then, there were several incidents of clashes over their claims. In 2002, ASEAN and China had signed a Declaration on the Conduct of Parties in the South China Sea (DOC) to calm down the tensions. The parties promised to exercise self-restrain in conduct of activities in the region. The DOC sought to establish a framework for the eventual negotiation of a Code of Conduct for the South China Sea (COC). In 2009, China submitted a map containing the so called ‘nine-dash’ line to the United Nations. The line encompasses all of the Sea’s territorial features as well as the vast majority of its waters. But China has never officially clarified what the line is meant to signify. Since the release of the nine-dash line, China has adopted an increasingly assertive posture in the region.

Parties to the dispute and their claims

The main parties to the dispute are the China, Taiwan, Vietnam, Brunei, Philippines, and Malaysia. China claims around 80% of the region through its nine-dash line which stretches hundreds of miles south and east from its most southerly province of Hainan. Taiwan’s claims in the South China Sea are as extensive as the China’s claims. Vietnam disputes the China’s historical account and says it actively ruled over both the Paracels and the Spratlys since the 17th Century. Philippines claim is based on its geographical proximity to the Spratly Islands. It claims a part of the Spratly Islands and also contends with China about the Scarborough Shoal (also known as Huangyan Island in China). Scarborough Shoal is nearer to Philippines than China. Malaysia and Brunei’s claim to the territory in the South China Sea is based on the area that falls within their economic exclusion zones, as defined by UNCLOS. Through, Brunei does not claim any of the disputed islands; Malaysia claims a small number of islands in the Spratlys.

Recent incidents

The most recent troubles in the South China Sea region are between China and Vietnam, and also between Philippines and China. In 2012, China and Philippines engaged in a maritime standoff accusing each other over intrusion in the Scarborough Shoal. In 2012, there were large-scale anti-China protests in Vietnam over unverified claims of China’s navy sabotaging two Vietnamese exploration operations. In 2013, Philippines filed an arbitration case against China on under the auspices of the U.N. Convention on the Law of the Sea (UNCLOS). In May 2014, China introduced a drilling rig into waters claimed by Vietnam south of the Paracel Islands. It led to multiple collisions between Vietnamese and Chinese ships. In the last 1-2 years, china has begun construction of infrastructure on much of this reclaimed land, including an airstrip capable of receiving military aircraft.  In October 2015, the US sailed a guided-missile destroyer within 12-nautical miles of the artificial islands to challenge questionable claims in the South China Sea. In response, China warned that the US should “not act blindly or make trouble out of nothing”.

China is in favour of bilateral negotiations behind the close doors as against the other countries international mediation.  Even if the Philippine is successful in its attempt to pursue China at a UN tribunal, China would not oblige to follow the ruling. Recently, China out rightly rejected the UN tribunal’s arbitration by saying that it would not accept any third-party settlement of territorial disputes. Recent attempts by the ASEAN group to discuss the new ideas to resolve the issue left the bloc with severe divisions. Outside countries such as US and India contends that the South China Sea is international water, and sovereignty in the area should be determined by the United Nations Convention on Laws of the Sea (UNCLOS).

India and South China Sea

Despite it not being a party to the South China Sea dispute, India (along with US) has been consistently reiterating the freedom of navigation in the South China Sea and advocating peaceful means to resolve the maritime disputes as per international law / UNCLOS. Recently, in the meeting of ADMM-plus in Malaysia in November 2015, Indian Defence Minister remarked that all parties to the South China disputes would abide by the Declaration of Parties in the South China Sea (DOC) and advocated for early conclusion of a Code of Conduct (COC) based on a consensus.

In response, China said that it was open to India’s “constructive and positive” role in cementing peace and stability in South China Sea. The Chinese statement implied that the issue is none of India’s business.

India’s interest in the South China Sea

One of the legacies of the Non-alignment movement was that India remained a passive observer in South China Sea for many years. It was for the first time in 2004 when the Vajpayee Government officially classified South China Sea as our extended neighbourhood. In 2006, the ONGC Videsh Limited (OVL) signed a contract with Petro-Vietnam to jointly explore petroleum resources in Phu Khanh Basin. In 2007, India’s Maritime Military Strategy defined South China Sea as an area of “strategic interest” to India. In 2011 also OVL signed few more deals to jointly explore oil and natural gas in these blocks.

The above activities from India began a series of spats between India, China and Vietnam. China said that India was trying to encroach its area of influence. India said that it supports the freedom of navigation in the South China Sea and India’s interests are commercial because as per UNCLOS guidelines, the blocks lie within Vietnam’s Exclusive Economic Zone and Continental Shelf.  In the meantime, in 2012, India’s Chief of Naval Staff announced that Indian navy would be deployed in the South China Sea to protect its energy security interests there. But again, India took a U-turn in April 2012 and OVL withdrew from South China Sea (SCS) on techno-commercial considerations.

In this way, India’s stance on South China Sea as been full of flip-flops. Under its Act East Policy, the NDA government has stressed the need to resolve the South China Sea dispute in peaceful manner. India has strong ties with Vietnam and has tried to use those ties to play some important / constructive role in South China Sea. India’s engagement in the South China Sea, on one hand shows its deeper economic and security cooperation with ASEAN countries, on the other hand it shows India’s recognition that the escalation of the maritime disputes in South China Sea may have larger  implications in international world order.