In News : South China Sea

The South China Sea is one of the most strategically important and contentious regions in the world. Spanning approximately 3.5 million square kilometers, it is bordered by several countries, including China, Vietnam, the Philippines, Malaysia, Brunei, and Taiwan. The sea is crucial not only for its rich natural resources and significant trade routes but also for its geopolitical importance. This article will delve into the historical background, strategic significance, territorial disputes, international laws, and the involvement of major global powers in the South China Sea.

 1. Historical Background

Historically, the South China Sea has been a vital maritime region for trade, cultural exchange, and strategic purposes. The ancient maritime Silk Road passed through these waters, connecting East Asia to Southeast Asia, the Indian subcontinent, the Middle East, and beyond. Archaeological findings suggest that as early as the Han Dynasty (206 BCE–220 CE), Chinese traders were active in these waters. Similarly, other nations in the region have long histories of navigating and utilizing the South China Sea for trade, fishing, and migration.

The historical claims to the South China Sea are often cited by various countries to justify their modern-day assertions of sovereignty. China, for example, references ancient maps and historical texts to support its claims over the sea. These claims are symbolized by the “Nine-Dash Line,” a demarcation line that covers most of the South China Sea and was first introduced in maps published by the Kuomintang government of China in 1947. Other countries, including Vietnam and the Philippines, also cite historical presence and usage to support their territorial claims.

 2. Strategic Significance

The South China Sea holds immense strategic importance due to its geographic location and economic value. It is a crucial artery for global trade, with over $5 trillion worth of goods passing through annually, accounting for about one-third of the world’s maritime trade. The sea is also a major route for energy transportation, including oil and liquefied natural gas (LNG), making it vital for the energy security of countries like China, Japan, and South Korea.

Beyond trade, the South China Sea is believed to contain vast reserves of natural resources, including oil, natural gas, and fisheries. Estimates suggest that the region may hold up to 11 billion barrels of oil and 190 trillion cubic feet of natural gas, making it a potential energy powerhouse. The sea is also one of the most productive fishing grounds in the world, supporting the livelihoods of millions of people in the surrounding countries.

From a military standpoint, the South China Sea's strategic location makes it a valuable asset for power projection and defense. Control over this sea would allow a nation to dominate key maritime routes, control access to the Indian and Pacific Oceans, and influence regional security dynamics. This has led to increased military presence and activities by regional and extra-regional powers, further complicating the situation.

 3. Territorial Disputes

The South China Sea is a complex mosaic of overlapping territorial claims, involving China, Vietnam, the Philippines, Malaysia, Brunei, and Taiwan. The disputes primarily revolve around two main archipelagos: the Paracel Islands and the Spratly Islands, along with various other shoals, reefs, and atolls.

- China: China claims almost the entire South China Sea based on the Nine-Dash Line, which stretches hundreds of miles south and east from its most southerly province, Hainan. China has developed artificial islands and military installations on several reefs and islets, bolstering its claims and presence.

- Vietnam: Vietnam claims sovereignty over the Paracel and Spratly Islands, citing historical occupation and usage. Vietnam has been actively involved in building up its capabilities and presence in the Spratlys, in response to Chinese activities.

- The Philippines: The Philippines claims parts of the Spratly Islands and the Scarborough Shoal, located within its Exclusive Economic Zone (EEZ). In 2016, the Philippines won a landmark case at the Permanent Court of Arbitration in The Hague, which ruled that China’s Nine-Dash Line has no legal basis. However, China rejected the ruling.

- Malaysia and Brunei: Both countries claim parts of the Spratly Islands that lie within their respective EEZs. Their claims are more limited compared to the other claimants, and they have pursued a more diplomatic approach to the disputes.

- Taiwan: Taiwan’s claims mirror those of China, as both assert sovereignty based on historical records. Taiwan occupies the largest island in the Spratlys, Taiping Island, also known as Itu Aba.

4. International Law and the United Nations Convention on the Law of the Sea (UNCLOS)

The South China Sea disputes are often discussed in the context of international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS, adopted in 1982, establishes the legal framework for maritime activities and delineates the rights and responsibilities of states regarding the use of the world's oceans. Key provisions relevant to the South China Sea disputes include:

- Territorial Sea: Coastal states have sovereignty over a territorial sea extending up to 12 nautical miles from their baseline. This sovereignty extends to the airspace, seabed, and subsoil.

- Exclusive Economic Zone (EEZ): States have rights to the natural resources, both living and non-living, within 200 nautical miles from their baseline. They can exercise jurisdiction over the establishment and use of artificial islands, installations, and structures within their EEZ.

- Continental Shelf: Coastal states have the right to explore and exploit the natural resources of the seabed and subsoil of the continental shelf, extending beyond the EEZ up to 350 nautical miles from the baseline.

- Dispute Resolution: UNCLOS provides mechanisms for resolving disputes related to maritime boundaries, including compulsory arbitration, which the Philippines utilized in its case against China.

Despite the legal framework provided by UNCLOS, the South China Sea disputes remain unresolved due to differing interpretations of historical rights, sovereignty, and the application of international law. The 2016 arbitral tribunal ruling clarified some legal aspects, particularly invalidating the Nine-Dash Line, but it has not been enforced, and China has continued its activities in the region.

 5. The Role of Major Global Powers

The South China Sea disputes have drawn the attention of major global powers, particularly the United States, which views the region as critical to its strategic interests in Asia. The U.S. has consistently advocated for freedom of navigation and overflight, challenging excessive maritime claims through freedom of navigation operations (FONOPs). These operations involve U.S. naval vessels and aircraft passing through contested waters to demonstrate the right to free passage under international law.

The U.S. has also strengthened its security alliances and partnerships with regional countries, such as the Philippines, Japan, Australia, and Vietnam, to counterbalance China’s growing influence. The United States emphasizes the importance of a rules-based order and adherence to international law, urging China and other claimants to resolve disputes peacefully.

China, on the other hand, views the South China Sea as a core national interest, essential to its sovereignty, security, and economic development. China has invested heavily in building up its military capabilities, including its naval and coast guard forces, to assert its claims. It has also engaged in extensive land reclamation and the construction of artificial islands with military facilities, drawing international condemnation.

The South China Sea has become a flashpoint for U.S.-China rivalry, reflecting broader strategic competition in the Indo-Pacific region. Both powers have engaged in diplomatic, economic, and military maneuvers to shape the regional security architecture and influence the behavior of other countries in the region.