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The South China Sea



Some say it is the most important area of ocean in the world, the South China Sea is rich in natural resources and 30% of the world’s shipping trade flows through this area. The rising super power, People’s Republic of China claim to South China Sea has been a highly debated issue in international affairs.

There are rich oil and gas resources in the South China Sea. It is also called “the second Persian Gulf” by experts. An astonishing amounts of oil reserves are buried in the South China Sea. It is estimated that around 7.7 billion barrels of crude oil and natural gas reserves of around 266 trillion cubic feet are up for grabs. A report by the U.S. Energy Information Administration in 2013 raised the total estimated oil reserves to 11 billion barrels.

Five countries lay claim to parts of South China Sea and most of these countries base their claims on the United Nations: Law of the Sea Art.57 Breadth of exclusive economic zone; “The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of territorial sea is measured”. Sovereign Countries have exclusive rights for all the trade and resources in the Exclusive Economic Zones (UN: Law of the Sea Art.56).

Looking through the filters of China, Chinese argue that they have a historical claim to the South China Sea and they have their own explanation for their claims to major parts of the South China Sea. The so called NineDash Line refers to the demarcation line used initially by the Government of the Republic of China and subsequently also by the Government of the People's Republic of China.

After the Japanese Empire was dismantled in the end of the Second World War, Japan lost all of the claims to the South China Sea and the Government of the Republic of China exploited the moment to expand their claims to the South China Sea. The Republic of China claimed Spratly Islands, Parcels Islands and Pratas Islands. In the San Francisco Conference on 1951, China asserted their rights to the islands, Vietnam and Philippines followed. Even after the UN established the 200 mile Exclusive Economic Zone in 1973, the People’s Republic of China stood their ground and held their claim to the South China Sea.

The Philippines in January 2013 initiated arbitration proceedings against China's territorial claim by saying it is unlawful under the United Nations Convention on the Law of the Sea. China refused to participate in the arbitration. The five arbitrators of the tribunal agreed unanimously with the Philippines on 12 July 2016.The arbitrary tribunal concluded that there was no evidence that China had historically exercised exclusive control over the waters or resources, hence there was "no legal basis for China to claim historic rights" over the Nine Dash Line. The tribunal also determined that China had violated the Philippines' sovereign rights and caused "severe harm to the coral reef environment”. The Chinese government rejected the ruling by the arbitrary tribunal. The Chinese are in a position that China's territorial sovereignty and marine rights in the South China Sea would not be affected by the Philippines South China Sea ruling while doing their utmost to resolve disputes with their neighbors. Even though it is said the South China Sea dispute is a melting pot or an international crisis, disputes still remain peaceful and are being negotiated legally and diplomatically to find a peaceful settlement to all parties involved.


G.M. Lahiru Chamara Doloswala

The opinions expressed in this article are the author’s own and not the institutional views of the BIDTI, nor do they necessarily reflect the position of any other institution or individual with which the author is affiliated.

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