CSS Current Affairs | South-east-Asian-Nations (ASEAN) response to the South China Sea dispute
The following question of CSS Current Affairs is solved by Khirman Batool under the supervision of Howfiv’s Pakistan Affairs and Current Affairs Coaches. She learnt how to attempt 20 marks question and essay writing from Sir Syed Kazim Ali, Pakistan’s best CSS and PMS English essay and precis teacher with the highest success rate of his students. This solved past paper question is attempted on the pattern taught by Sir to his students, scoring the highest marks in compulsory and optional subjects for years, and uploaded to help aspirants understand how to crack a topic or question, how to write relevantly, what coherence is, and how to include and connect ideas, opinions, and suggestions to score the maximum.
Outline
1-Introduction
2-Understanding South China Sea disputes
3-Stance of ASEAN claimant countries and China in the South China Sea dispute
- ✓China
- ✓Brunei
- ✓Malaysia,
- ✓Philippines
- ✓Vietnam
4-Stance of non-claimant ASEAN countries in SCS dispute
- ✓Indonesia
- ✓Singapore
- ✓Thailand, Laos, Myanmar, and Cambodia
5-The role of ASEAN in managing the dispute
- ✓Signing declaration among the claimant parties in SCS using UNCLOS
- ✓Signing Code of Conduct based on DOC with Chinese counterparts
- ✓ The Philippines is taking the matter to UNCLOS
- ✓Involving international parties for the resolution of the conflict
6-Critical analysis
7-Conclusion
Answer to the Question
Introduction
The South China Sea dispute’s foundations lie back to the 1970s when different islands were claimed by different countries. Also, China, being the strongest claimant of the islands, is non-negotiable till now, which is why the dispute has been unresolved. Moreover, the islands are claimed by some ASEAN countries, including Vietnam, Brunei, Malaysia, and the Philippines. The countries individually and the ASEAN organization as a whole tried to resolve the conflict. For example, the Philippines took its cane to UNCLOS for the resolution of the Spratly Islands that it won against China, but the matter is still unresolved. Similarly, ASEAN countries tried to resolve the conflict based on shared relations on the island, but in vain. Also, they have tried to sign DOC and COC but are still in vain as China’s nine-dash line map is a big hurdle to resolving the matter on a shared basis.
Understanding South China Sea Disputes
The South China Sea has been of geostrategic importance with respect to its fishery industry and natural resources. The sea is located to the south of China, and according to international laws, 200 nautical miles are allocated to each country with respect to its shores. However, the dispute is raised based on the shared or overlapping exclusive economic zones that have several small islands, including the Spratly Islands, Paracel Islands, and Scarborough Shoal. The islands are claimed by China, the Philippines, Vietnam, Brunei, and Malaysia. China, being the strongest based on its economy, has been non-negotiable on the issue.
The stance of ASEAN claimant countries and China in the South China Sea dispute
- China
China claims the whole control of SCS. Its negotiation is based on an old nine-dash line map describing it as the old map of China. Moreover, it has tried to expand its area by building artificial islands in its region, but the international laws of 200 nautical miles on artificial islands denied giving it an extension in water areas, describing it as illegal. However, the nine-dash line map of Old- China has authorised its control over the three islands.
- Brunei
Brunei claims its EEZ in SCS after being critically closer to the nine-dash line map, but it is hesitant to deal directly with China. If Chinese claims are agreed upon, Brunei’s Exclusive Economic Zones in SCS will be severely hampered. The only disputed feature for Brunei is Louisa Reef, and the country is envisioned to resolve the SCS dispute through a multilateral approach. Some interpreters claim that in 2018 Brunei had abandoned its maritime claims in the sea for Chinese funding. However, some say that although Brunei maintains a low profile on the Louisa atoll issue, it has not necessarily given up those bases.
- Malaysia
Malaysia claims the South China Sea area covering 11 islands and other marine features in the Spratly group based upon the proximity of its continental shelf. However, Brunei, China, the Philippines, and Vietnam also claimed the area due to the overlapping of the nautical miles area by the international UNCLOS law. However, Malaysia’s claims on the islands of the Spratly archipelago deviate somewhat from a strict reading of UNCLOS, as those islands are not inhabited and, therefore, are not covered.
- Philippines
The Philippines was the 1st ASEAN member affected by the SCS dispute. So, it claims Spratly Island in SCS is a disputed area with China and Vietnam. Even after the UNCLOS had settled the conflict in favour of the Philippines. Moreover, it extends its territorial demand of EEZs, representing an effort to expand its fishing industry, as claims are concentrated mainly in the abundant fishing zone area to the
west of the country.
- Vietnam
Vietnam has several conflicts with China over the sovereignty in SCS. Over the years, Vietnam has claimed the Spratly and Paracel Islands. With respect to the disputes, the relations between the PRC and Vietnam were tense. Some of the conflicts related to borders were settled, but the SCS dispute is still unresolved. The most contentious issue was the Paracel Islands, which were controlled by Hanoi until China seized them during the Battle of the Paracel Islands. To this day, Vietnamese people, Malaysians, Chinese, and the Philippines claimed the islands, except for China, which all joined ASEAN to resolve the conflict on a shared basis. However, the country is not dependent on ASEAN to resolve the dispute, so it is asking for help from Japan, the USA, and India on the basis of UNCLOS. Moreover, the country has been enhancing its military position and Navy for coastal guarding.
The stance of non-claimant ASEAN countries in the SCS dispute
- Indonesia
Being the biggest ASEAN country with respect to its population and GDP, it should take responsibility for resolving the conflict, and it has tried to defuse the security challenges involving the SCS. Moreover, China has been invited by China to be an essential part of the Maritime Silk Road. Its own natural gas fields are under threat due to the nine-dash line map, and its own EEZ is under threat due to its closure with Brunei’s EEZ. However, Indonesia has adamantly refused to recognize that the area is in dispute.
- Singapore
Having the potential military due to its GDP per capita, Singapore can show its role in resolving the dispute through military interference. However, it has adopted a conciliation policy to resolve the dispute. The strategy represents that the country is not directly affected by the dispute in SCS.
- Thailand, Laos, Myanmar and Cambodia
Thailand has strong ties with China due to Bangkok’s economic ties. Therefore, it has recommended a soft approach for resolving the issue in SCS. Similarly, both Laos and Myanmar enjoy major economic ties with China. They also defer to Chinese pressure and assist in deflecting attempts by other ASEAN members. Moreover, Cambodia is not located in SCS, so it strongly supports China due to economic ties and as a tool to minimize Hanoi’s influence, Phnom Penh’s main geopolitical rival.
The role of ASEAN in managing the dispute
- Signing declaration among the claimant parties in SCS using UNCLOS
ASEAN countries have tried to collaborate to resolve disputes by signing the Declaration on the Conduct (DOC) among the parties in SCS. Its foundation lies upon the principle of the ASEAN Charter 1967, and it uses UNCLOS as the basis for resolving the dispute. However, it was a non-building document, lacking a dispute resolution mechanism, which leaves its signatories to resolve the matter on a voluntary basis without considering international institutions as mediator parties.
- Signing Code of Conduct based on COC with Chinese counterparts
So, the lack of a resolving mechanism was addressed in the Code of Conduct given by ASEAN in 1999, which would be able to resolve the dispute. However, China remained an obstacle to adopting the conduct, given the level of tensions in the last few years between the Philippines and China, as well as between Vietnam and China. In 2017, a new attempt was made to reach a basic agreement on the nature and scope of a new COC. In August of that year, the foreign ministers of ASEAN and their Chinese counterparts endorsed a framework for an updated version of a Code of Conduct for the South China Sea largely based on the 2002 DOC. Despite the fact that it specifically addressed conflict prevention and the assurance of freedom of navigation, the draft of the document still indicates that it would not be legally binding as predecessor agreements.
- The Philippines is taking the matter to UNCLOS.
The Philippines, after being unable to resolve the matter through ASEAN, has decided to take the case to international institutes for resolution of the matter. It also takes UNCLOS’s directions to decide whether the case is in favour of the Philippines. But China denied being the party to the case. So, the conflict persists.
- Involving international parties in the resolution of the conflict
The Philippines has involved international parties as mediators in resolving the dispute. It involved the USA and Japan in resolving its island dispute. The United States reaffirms that Article IV of the 1951 U.S.-Philippines Mutual Defence Treaty extends to armed attacks on Philippine armed forces, public vessels, or aircraft – including those of its Coast Guard – anywhere in the South China Sea. So, in the case of resolving the SCS dispute in the Philippines and China, the USA has assured its military support to the Philippines.
Critical analysis
South China Sea disputes have been in the limelight since its inception. Its disputed parties know the importance of the sea being rich in natural resources and the fishery industry. Moreover, the natural resources can be extracted in their own exclusive economic zones; the dispute is over some islands being rich in natural resources; additionally, the more area owned in the sea, the more exclusive economic area, as per UNCLOS. So, China’s claim in the dispute is to own the whole sea, but the other countries have denied it as they also share its border with the sea, and they need the fishery industry as well as natural resources to run their economies. ASEAN, being the responder to resolve the dispute, has given DOC and COC, but they failed as China has a stubborn attitude towards its claim in the sea.
Conclusion
The South China Sea dispute started long ago, in the 1970s. The dispute is on the islands in the SCS. The disputed islands are only those located within a nine-dash line map of China. The dispute is among China, the Philippines, Vietnam, Malaysia and Brunei. ASEAN, an international organization, suggested several ways, including COC and DOC, but they were not accepted by China. Moreover, the disputing party of ASEAN members have tried to solve the dispute individually, but the efforts are still unsuccessful. Also, the uninvolved members of ASEAN are unwilling to make active decisions to resolve the dispute.
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