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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