23/08/2021
AUGUST 23
Article: China vs. SEA (Vietnam, Malaysia, Indonesia, and Brunei)
The controversy over the South China Sea is about an argument between countries Vietnam, Malaysia, Indonesia, and Brunei, and China over the islands' ownership or jurisdiction, including the rocks, reefs in the ocean, the adjacent waters, and seabed areas. China challenged the countries' sovereignty through its nine-dash line map. The antecedent has exercised tremendous economic and geostrategic power on the South China Sea by exploiting the marine wealth on the latter’s Exclusive Economic Zone (EEZ), archipelagic waters, and territorial sea. This historic claim strategy prevented the above-mentioned countries from exercising their rights regarding the Law of the Sea by the United Nations Convention guaranteed exclusive economic zone, thus violating their legal rights under the rule of law.
China claims the islands, rocks, reefs, and seas inside its nine-dash line claim in the South China Sea by quoting ancient Chinese charts as "historical truths." In addition, it claims that it has already exercised jurisdiction over the South China Sea Island and relevant waters in a continuous, peaceful, and efficient manner through measures like the foundation of regulatory arrangements, resource development, maritime patrol, asset improvement, galactic perception, and geological survey. Moreover, it is imperative to stress one important argument concerning China’s historical claim in which a map, by itself, does not create a geographical title or a legal instrument establishing sovereign rights under international law. In the leading case of Burkina Faso, the International Court of Justice clarified that maps are merely information that changes incorrectness from case to case; they cannot, in and of themselves, create a territorial title. It is a document with the inherent legal power to establish territorial rights under international law.
Thus, for maps to be considered as relevant and credible evidence, the opposing parties must agree to them, as one state, like China, cannot just make a map unilaterally to claim a whole sea or territory and use it as proof of title against another state or the globe. Likewise, Vietnam, Malaysia, Indonesia, and Brunei cannot just create a map in the Pacific Ocean and claim the enclosed waters as it is their irrefutable territory just because it is a free sea. In addition, the historical rights of the nine-dash line are clearly incorrect because the map does not create territorial ownership or legal documents establishing sovereign rights. In this regard, even though China's tactical conquest in asserting sovereignty exposed its underlying historical falsehoods in the South China Sea, it is important to remember that in this game of geopolitics, there is a more anxious and complicated world that awaits everyone and the victory over claiming the sovereignty lies only at the back of the citizens of Vietnam, Malaysia, Indonesia, and Brunei.
THE STAND OF THE OTHER SEA COUNTRIES
Vietnam
Vietnam and China are occupied with a sluggish bubbling deadlock in the South China Sea that has not gotten adequate attention. The latest inconveniences started when the Vietnamese Foreign Ministry representative Lê Thị Thu Hằng guaranteed that the "Chinese geographical review vessel bunch Haiyang Dizhi 8 as of late abused Vietnam's restrictive financial zone and mainland rack in the south of the East Sea." Vietnam states that it has over and over connected with China "to fight the infringement." It shows up impossible that Vietnam will actually want to get any more grounded support from its accomplices in the area and outside. It is likewise far-fetched that Vietnam will actually want to oppose China all alone. Beijing seems to have effectively determined that it doesn't need to fear any genuine, joined resistance.
Malaysia (Against China)
Last December 2019, Malaysia submitted a petition against China to extend their continental shelf to the United Nations about their claims to the lands that China is trying to claim for itself. As of the moment, Malaysia occupies around 5 of the islands and petitions to claim 12 of them. The reason why Malaysia wanted an extension of their continental shelf is that China wanted to claim the entire Spratly Islands including the ones that are part of Malaysia’s continental shelf such as the Luconia and James Shoal. With the petition, they could use this as their advantage against China and will make it difficult for them to settle disputes bilaterally.
Indonesia (Neutral)
In the South China Sea, Indonesia conducted a 4-day exercise and can be seen as a major show of force against China with them participating with 24 warships, 2 missile destroyers,4 es**rt vessels, and land-based training. It was held near Indonesia’s Natuna Islands and its borders overlap with the claim of China with the use of the nine-dash line. Fishing vessels and government ships of China have been seen near the area thus raising the alarm in Indonesia. Indonesia also wrote a letter to the United Nations stating that they are not bound by the nine-dash line of China as it lacks an international legal basis. Indonesia is not a claimant like the countries such as the Philippines, Malaysia, Brunei, and Vietnam about the South China Sea. A statement was issued rejecting China’s claim of the Natuna Islands as it is outside China’s jurisdiction.
Brunei
After being silent about the issue for so long, Brunei issued a statement about the South China Sea stating that they will maintain a two-step approach regarding this issue. Brunei has claims to islands such as the Owen Shoal, Louisa Reef, and the Rifleman Bank yet Brunei is the only country among the claimant states such as the Philippines and Malaysia that does not have any military presence and not asserting any sovereignty over the islands. Brunei relies on oil reserves to maintain sustainability within the country but its not enough to sustain the country in the future so China took advantage of it and proposed 6 billion dollars of investment into their oil industry and to boost trading and cooperation as Brunei accepted the proposal meaning that China managed to buy Brunei’s silence about the South China Sea.
OVERALL INSIGHTS
The South China Sea is a basic business passage for a critical piece of the world's shipper dispatching, and thus is a significant financial and vital sub-locale of the Indo-Pacific. It is additionally the site of a few complex regional debates that have been the reason for struggle and pressure inside the area and all through the Indo-Pacific. Absolutely, the starting points of the South China Sea issue lie in regional debates among the littoral nations. In any case, permitting China to disregard the mediation grant and singularly change the current conditions forcibly would leave the South China Sea represented by the standard of power instead of law and order.
References:
Joshua Espeña, A. U. (2020, August 2). Brunei, ASEAN and the South China Sea. The Interpreter. https://www.lowyinstitute.org/the-interpreter/brunei-asean-and-south-china-sea.
Mourdoukoutas, P. (2020, January 13). South China Sea: Malaysia, Indonesia and Vietnam Beat China at its own game. Forbes. https://www.forbes.com/sites/panosmourdoukoutas/2020/01/10/south-china-sea-malaysia-indonesia-and-vietnam-beat-china-at-its-own-game/?sh=109f5a0541e.
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