If peace and
development in the South China Sea are to continue, there is a need to clarify
the misunderstandings that abound about Beijing’s legally sound claims,
intentions and activities in the region
Throughout its history, the
South China Sea has remained a “sea of peace” untouched by a large-scale
battle. The South China Sea arbitration, however, is turning this region into a
powder keg. All too often, the public discourse on the relations between China
and the South China Sea has only made an already complex subject more
complicated. There is an urgent need to clarify at least 10 myths.
Myth No 1: China’s stance
against the South China Sea arbitration violates international law. By
initiating the arbitration case, the Philippines was the one that broke its own
commitment made in the Declaration on the Conduct of Parties in the South China
Sea, signed between China and members of the Association of Southeast Asian
Nations, which states that disputes should be resolved by those countries
directly involved, through friendly consultations and negotiations.
Based on the declaration,
China’s stance on the arbitration has been firm and clear, which can be
summarised as “non-acceptance, non-participation, non-recognition, and
non-execution”.
The nature of the dispute
involves two separate issues: one is the sovereignty claim over Nansha Islands,
and the other is maritime rights. Not only are territorial issues beyond the
scope of the UN Convention on the Law of the Sea, China had also lodged a
declaration with the UN in 2006 – in accordance with Article 298 of the Law of
the Sea – that it does not accept any of the compulsory dispute settlement
procedures with regard to disputes on maritime delimitation. Thus, neither can
the Philippines initiate a compulsory arbitration under this convention, nor
does the Permanent Court of Arbitration at The Hague have the jurisdiction to
adjudicate on the case.
The Philippine conduct
violates the fourth article of the Declaration on the Conduct of Parties,
abuses the Law of the Sea arbitration procedures, and infringes China’s right
to choose the means of dispute settlement, and is thus illegal.
Myth No 2: The “nine-dash
line” does not comply with the Law of the Sea. The accusation does not hold
water at all. To begin with, the nine-dash line predated the Law of the Sea. In
1948, for example, the Chinese government published the dotted line to reaffirm
China’s sovereignty and relevant rights in the South China Sea. In addition,
the convention does not exclude historical rights; its repeated references to
“historical bays” and “historical titles” speak volumes about its respect for
historical rights.
There is no country, including
China, claiming sovereignty over the whole South China Sea
Furthermore, the preamble of
the Law of the Sea mentions the desirability to “establish through this
Convention, with due regard for the sovereignty of all states, a legal order
for the seas and oceans”. This makes clear that the issue of territorial
sovereignty is not subject to the Law of the Sea. Therefore, it cannot be used
as a basis to judge China’s nine-dash line.
Myth No 3: China claims
sovereignty over the whole South China Sea. Incorrect media reports, to some
extent, have led to this misunderstanding. The fact is, there is no country,
including China, claiming sovereignty over the whole South China Sea. The core
of the South China Sea issue relates to the disputes over sovereignty and
maritime administration of parts of Nansha Islands between China and other claimant
countries. China’s position is clear and consistent: it has indisputable
sovereignty over the South China Sea islands, and their adjacent waters, but
not the whole South China Sea.
Meanwhile, China seeks to
maintain peace and stability in the South China Sea and calls for adherence to
the principle of “putting aside disputes and seeking joint development” in the
region.
Myth No 4: China threatens
freedom of navigation and overflight in the South China Sea. The shipping lanes
of the South China Sea are among the busiest in the world, and between 70 and
80 per cent of China’s maritime transport of energy and goods passes through
the region. Ensuring freedom of navigation and overflight in this region meets
not only the requirement of international law but also China’s fundamental
interests. All countries have unimpeded access to normal navigation and flight
activities in the South China Sea under international law, over which there is
no disagreement.
China is also ready to offer
other countries joint use of its facilities in the South China Sea for
humanitarian rescue and disaster. In the same spirit, countries should act in
accordance with international law when exercising freedom of navigation and
overflight, and respect the sovereignty, security and relevant rights and
interests of coastal states.
Myth No 5: China intends to
change the “status quo” in the South China Sea. What exactly is this “status
quo”? Before 2013, the term rarely featured in diplomatic discussions on South
China Sea disputes. Then came the US strategy of rebalancing to the
Asia-Pacific, and claimants in the disputed seas began to embrace the idea of
defending the “status quo”. It should be clear that China does not recognise
the so-called status quo of the Philippines and other countries that are
occupying China’s islands and reefs through illegal means.
Myth No 6: China is building
“artificial islands” in the South China Sea. The construction activities on
China’s islands and reefs are conducted on natural features over which China
has sovereignty and which form part of the Nansha Islands. They are
fundamentally different from the “artificial islands, installations and
structures” defined in the Law of the Sea.
Myth No 7: China’s relevant
islands and reefs are low-tide elevations with no territorial status. In
accordance with international law, China’s sovereignty over the Nansha Islands
covers not only the islands itself, but also the islands, reefs, cays and sands
that form the Nansha Islands and related waters. In 1935, 1947 and 1983, the
Chinese government published the names of the South China Sea islands,
including the collective and individual names of the Nansha Islands, including
its components and various natural features. China’s sovereignty over the
Nansha Islands and its components has a full historical and legal basis.
Some countries have tried to
separate the Nansha Islands from its components, willfully claiming that the
related natural features have no territorial status. This is nothing but an
out-of-context interpretation of international law.
Myth No 8: China is
accelerating the militarisation of the South China Sea. Since the US rebalance
to the Asia-Pacific, the US has deepened its intervention in the South China
Sea disputes. To accuse China of militarising the South China Sea is
groundless. On the contrary, the South China Sea is being militarised by
high-profile displays of military strength and frequent and large-scale
military drills by certain countries and their allies. China is committed to a
path of peaceful development. This stance is consistent and clear-cut. The
constructions in the South China Sea are mainly for civilian purposes, and with
the acknowledged goal of better safeguarding China’s territorial sovereignty
and maritime rights and interests.
Myth No 9: China’s
construction activities damage the coral reefs and marine ecology. As the owner
of the Nansha Islands, China cares more than any other country about the
ecological preservation of the islands, reefs and the surrounding waters. Its
construction activities place equal importance on environmental preservation.
Myth No 10: China is becoming
assertive in the South China Sea. This seems to be the consensus in the media,
academic journals and other professional venues. In fact, China’s actions in
the South China Sea are necessary to protect its legitimate interests, and are
justified reactions to provocations by other claimant states. The tensions in
the region can be attributed to collusion between the US and regional claimant
states. It is popularly believed that, without Washington’s backing and
high-profile policy of “returning to Asia”, regional states would not be so
eager to challenge China’s interests in the South China Sea.
China will continue to
safeguard peace and stability in the South China Sea and promote the
development of neighbouring countries. Regardless of the result of the
arbitration, China will continue to work closely with Asean countries to
safeguard peace and stability, and uphold freedom of navigation in the South
China Sea, so as to eventually turn it into a “sea of peace, friendship and
cooperation”.
Wang Wen is the executive dean of the Chongyang Institute for Financial
Studies at Renmin University of China. His latest best-seller book is Anxieties
of USA. This is an edited translation of a speech he gave at the recent
US-China dialogue on the South China Sea
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