UCLMUN 2012 Security Council

South China Sea dispute

The South China Sea is a highly disputed nautical area in the Pacific Ocean
encompassing about 3,500,000 square kilometres (1,400,000 square miles). It is
thought to be rich in minerals and resources including oil and gas, in addition to being
one of the worlds most busy and important trade routes. Within the sea are over 250
islands, atolls, and reefs, (often grouped into archipelagos) the vast majority of which
are uninhabited, but are hotly contested by surrounding countries. Key archipelagos
are The Spratly Islands, and The Paracel Islands. These two archipelagos are located
in the complex dispute between independent states of China, Taiwan, The Philippines,
Vietnam, Malaysia, and Brunei, all of which lay claims on various, and overlapping,
territories of the South China Sea.

(nghiencuubiendong.vn)

(bloomberg.com)

Background
The South China Sea is an extremely important region in terms of geopolitics for a
number of reasons.
Trade
More than half of the world's annual merchant fleet tonnage passes through the Straits
of Malacca, Sunda, and Lombok, with the majority continuing on into the South
China Sea. Tanker traffic through the Strait of Malacca leading into the South China
Sea is more than three times greater than Suez Canal traffic, and well over five times
more than the Panama Canal.

(Center for Naval Analyses and the Institute for National Strategic Studies,
globalsecurity.org)
Resources
Thought to be rich in natural resources such as oil and natural gas, it is estimated that
the South China Sea may contain 7.5 billion barrels (1.1 billion tonnes) of oil by the
US, but China claims the area may contain 17.7 billion tonnes of oil (cf. 13 billion
tonnes in Kuwait). The real wealth of the area, according to the US Energy
Information Administration (EIA), may well be the natural gas reserves, thought to
estimate 900 trillion cubic feet (25 trillion cubic metres); the same as the proven
reserves of Qatar.
Asias robust economic growth has boosted demand for energy in the region. The EIA
has estimated that oil consumption in developing Asian countries is expected to rise
by 2.7% p.a. from 14.8 million barrels/day (2004) to nearly 29.8 million barrels/day
by 2030. China is expected to account for almost half of this growth.
Fishing
There are also profuse fishing opportunities within the area. It is believed that in 1988,
the South China Sea accounted for 8% of the world fishing catches, and this figure
has only grown. According to studies made by the Philippines Department of
Environment and Natural Resources, this body of water holds one third of the entire
world's marine biodiversity, thereby making it a very important area for the
ecosystem.

Territorial claims
China, Taiwan, The Philippines, Vietnam, Malaysia, and Brunei all have made
competing claims of territories in the South China Sea. Both China and Taiwan claim
almost the entire region as their own; a claim that overlaps virtually every other
country in the region.

(www.voanews.com)
The most active in staking their claims have been China and Vietnam. Before 1974,
China and South Vietnam each controlled part of the Paracel Islands, but after a brief
conflict in which 18 soldiers were killed, China has controlled the entire Paracel
archipelago. In March 1988, the Spratly Islands were the site of a naval clash in which
over 70 Vietnamese sailors were killed. The Philippines has also been involved in a
number of minor skirmishes with Chinese, Vietnamese and Malaysian forces. Naval
clashes are still regular today.
History of claims
In 1947, China issued a map detailing its claim. It showed the two archipelagos of
Spratly and Paracel falling entirely within its territory. Taiwan has mirrored the claim
as it considers itself the Republic of China. The key part of the claim is the Ninedotted line. This is the demarcation used by the Chinese government of 1949 to show
the maximum extent of its claim, and is literally nine dashes roughly outlining the
alleged area of sovereignty.

Map showing Nine-dotted line in green. (www.lib.utexas.edu)

The Nine-dotted line was originally an Eleven-dotted line but was revised in 1949,
and was presented to the UN on 7th May 2009 as proof of claim. Diplomatic
complaints were immediately lodged by the Philippines against China for claiming
the whole of the South China Sea illegally. A day later, Vietnam and Malaysia filed
their joint protest, and Indonesia also registered a protest, despite having no claim on
the South China Sea. President Aquino of the Philippines said "Chinas 9-dash line
territorial claim over the entire South China Sea is against international laws,
particularly the United National Convention of the Laws of the Sea (UNCLOS)".
Vietnam also rejected the Nine-dotted line claim, citing that it is baseless and against
the UNCLOS.
One significant issue with the Nine-dotted line is that the dotted lines to not show how
the lines would be joined if they were continuous, and the extent of the area claimed
by China. This has been protested by the Philippines, Vietnam, Malaysia, Brunei,
Taiwan, and Indonesia.

United National Convention of the Laws of the Sea (UNCLOS)

The United Nations Convention on the Law of the Sea (UNCLOS) is the international
agreement that resulted from the third United Nations Conference on the Law of the
Sea (UNCLOS III), which took place from 1973 through 1982. It replaced the older
and weaker Freedom of the Seas concept from the 17 th century, and became effective
as of 16th November 1994.
The convention introduced a number of provisions. The most significant issues
covered were setting limits, navigation, archipelagic status and transit regimes,
exclusive economic zones (EEZs), continental shelf jurisdiction, deep seabed mining,
the exploitation regime, protection of the marine environment, scientific research, and
settlement of disputes.
The UN outlines EEZs thusly:
These extend from the edge of the territorial sea out to 200 nautical miles
from the baseline. Within this area, the coastal nation has sole exploitation
rights over all natural resources. In casual use, the term may include the
territorial sea and even the continental shelf. The EEZs were introduced to halt
the increasingly heated clashes over fishing rights, although oil was also
becoming important. The success of an offshore oil platform in the Gulf of
Mexico in 1947 was soon repeated elsewhere in the world, and by 1970 it was
technically feasible to operate in waters 4000 metres deep. Foreign nations
have the freedom of navigation and overflight, subject to the regulation of the
coastal states. Foreign states may also lay submarine pipes and cables.
Currently, UNCLOS offers the most comprehensive outline for nautical conduct and
dispute resolution available. UNCLOS provides for claims to areas of the ocean to be
made using the 200 mile EEZ and/or the continental shelf principle.

(Adapted from www.scribd.com)

Declaration of Conduct of Parties in the South China Sea 2002

The Declaration of Conduct of Parties in the South China Sea 2002 (DoC) is a nonbinding declaration that was signed on 4th November 2002 in Phnom Penh by the 10
members of ASEAN, and China. The signatories encourage committed parties to
work towards adopting a legally binding code of conduct whilst exercising selfrestraint in the conduct of activities that would complicate or escalate disputes. But
whilst there has been no further occupation of disputed territory since the declaration
was signed, the theoretical commitment to self-restraint has not put an end to
unannounced and potentially provocative reinforcement of already occupied islands.
While diplomats on all sides made increasingly vacuous reiterations of fealty to the
weakening 2002 declaration, several states undertook unilateral military, bureaucratic
and jurisdictional initiatives in the South China Sea, with the aim of changing the
political and military dynamics of the disputed claims. Chinas initiatives have been
particularly prominent. China and ASEAN signed the Implementation Guidelines for
the declaration in Bali in July 2011 as a step (albeit a small one) towards agreeing the
code of conduct the declaration had promised. The guidelines, however, do little to
bolster the effectiveness of the declaration, which remains non-binding.

Present disputes
Whilst clashes between naval vessels of claimants are regularly reported, microdisputes are dealt with diplomatically for the most part. The Association of South East
Asian Nations (ASEAN) has emerged as an important forum for dialogue amongst
South China Sea claimants, despite not including China and Taiwan. ASEAN
members, especially Malaysia, are very keen to avoid armed conflict in the region.
China has preferred to resolve competing claims bi-laterally, while ASEAN countries
prefer multi-lateral talks, believing that they are disadvantaged in bi-lateral
negotiations with the much larger China and that because many countries claim the
same territory only multilateral talks could effectively resolve the competing claims.
However, recent attitude shifts in Chinas foreign policy have altered the situation in
the last 2 years. In July 2010, in Vietnam, US Secretary of State Hillary Clinton called
for the Peoples Republic of China to resolve the territorial dispute. China responded
by demanding the US keep out of the issue. This came at a time when both countries
have been engaging in naval exercises in a show of force to the opposing side, which
increased tensions in the region. Chinese foreign minister, Yang Jiechi, said that
Vietnam's invitation to the United States to mediate was "an attack on China".
The US Department of Defence released a statement on August 18 2010 where it
opposed the use of force to resolve the dispute, and accused China of assertive
behaviour.
The situation has taken a drastic turn since mid-2011 though, and escalation is feared
by the international community. A timeline of major events since March 2011 is as
follows.
March
4th Two Chinese patrol boats allegedly threaten to ram a Philippine survey ship.
May
20th Chinese fighter jets allegedly harass members of the Armed Forces of the
Philippines near Spratly Islands.
21st Chinese Defence Minister General Liang Guanglie visits Manila for talks.
26th Vietnamese ship operating on its claimed continental shelf has its seismic
cables cut by Chinese patrol boats.
June
5th Chinese Defence Minister Gen. Liang tells Shangri-La Dialogue in Singapore
China is committed to maintaining peace and stability in the South China Sea.
9th China warns Vietnam and the Philippines that any exploration in the Spratly area
without its consent is a violation of its jurisdiction and sovereignty. This is in
response to large anti-China protests in both countries.
Chinese patrol boats cut seismic cables on Vietnamese ships on Vietnameseclaimed continental shelf. China claim that its fishing boats were chased away by
armed Vietnamese ships

13th Vietnam holds routine live-fire drills 25 miles off central Quang Nam
province. Beijing denounces the exercises as a military show of force.

Anti-China protests in Vietnam (AP)

July
20th China and ASEAN agree on a set of preliminary guidelines on the
implementation of the DoC; an initial set of steps towards the more conclusive
declaration since all parties have been deadlocked since 2002.
The Philippines sends delegation of Congressmen to Pagasa Island in the
Spratly archipelago (population 60 Philippine civilians), raises flag and sings national
anthem.
From Pasaga, Congressman Walden Bello says We come in peace, we support a
diplomatic solution. But let there be no doubt in anybodys mind, in any foreign
powers mind that if they dare to eject us from Pagasa, Filipinos will not take that
sitting down. Filipinos are born to resist aggression. Filipinos are willing to die for
their soil.
21st Chinese Foreign Ministry spokesman Ma Zhaoxu says "China has indisputable
sovereignty over the South China Sea islands and their surrounding waters. The move
of the Philippine side seriously infringed China's territorial sovereignty."
22nd The Indian amphibious assault vessel, INS Airawat, on a friendly visit to
Vietnam, is confronted by a ship claiming to be of the Chinese Navy, 45 nautical
miles from Vietnamese coast by radio. The unidentified Chinese warship demanded
that INS Airawat identify itself and explain its presence in the South China Sea. India
claim that no Chinese ship was visible, and that the Airawat was in international
waters. Foreign Ministry spokesman Ma states that inquiries are being made with the
competent authorities.

August
10th China officially launches its first aircraft carrier, developed from the Soviet-era
Ukrainian ship Varyag. It is a powerful military signal in the region.

September
18th India and Vietnam sign a 3 year oil sector deal to explore areas in the South
China Sea. Chinese Foreign Ministry spokesperson Jiang Yu, without referring to
India by name, stated as follows: China enjoys indisputable sovereignty over the
South China Sea. China's stand is based on historical facts and international law. We
hope that the relevant countries respect China's position and refrain from taking
unilateral action to complicate and expand the issue. As for oil and gas exploration
activities, our consistent position is that we are opposed to any country engaging in oil
and gas exploration and development activities in waters under China's jurisdiction.
We hope the foreign countries do not get involved in South China Sea dispute.
An influential Chinese Communist Party-run newspaper has warned that every
means possible should be used to stop Indias Oil and Natural Gas Corporation
(ONGC) engaging in exploration projects in the South China Sea.
21st Japan holds discussions with Philippine diplomats on resolving territorial
disputes in the South China Sea. A permanent working group to tackle Asian
maritime concerns is proposed between the two countries.
October
12th China and Vietnam sign agreement to settle maritime disputes. The two
countries agreed to promote maritime cooperation in marine environmental
protection, scientific research, search and rescue, and disaster reduction and
prevention. The two also agree to meet twice a year to resolve any issues.
18th 3,000 U.S. and Filipino marines start two weeks of annual military drills in the
Philippines that include a hostile beach assault exercise near the disputed Spratly
Islands.
19th Filipino warship BRP Rizal accidentally collides with and severs towing
cable of Chinese fishing vessel in disputed waters. The fishing vessel abandoned the
23 unmanned dinghies it was towing, which were retrieved by the Philippine warship
and brought back to its naval base on the island of Palawan. Manila has declined any
formal apology.

25th Popular State-owned Chinese newspaper Global Times states If these

countries don't want to change their ways with China, they will need to prepare for the
sounds of cannons. We need to be ready for that, as it may be the only way for the
disputes in the sea to be resolved. The capture of Chinese vessels by the Philippines
navy was referenced in the article.
26th Philippines and Vietnam told joint talks in Manila, and sign maritime
agreement. The pact calls for information sharing and join protection of marine
resources in the South China Sea.
November
4th Vietnamese diplomat, Dang Dinh Quy, warns that tensions in the South China
Sea could explode into full-scale conflicts unless quarrelling neighbours abide by
international law.

Other regional players

Australia
Stability in Southeast Asia on Australias Northern approaches is seen as
particularly important as a hostile nation can project power out to Australia. Lying on
the edges of this disputed zone, Australia is naturally concerned with high tensions
which could disrupt its seaborne trade and energy supply routes. On 11th November,
the USA announced that it would increase its permanent military presence in the north
of Australia. This makes sense in terms of security for Australias vast coastline.
However, Hugh White, a former senior Australian defence official, warned that a
dramatic expansion of U.S. troops was "a very significant and potentially very risky
move for Australia". He also said "In Washington and in Beijing this will be seen as
Australia aligning itself with an American strategy to contain China."
India
The obvious regional power contender, India has become more threatened by the
geopolitical dynamics recently. With the recent halting by the US of the annual $800
million in military aid to Pakistan marking a new low in their relations, Pakistan has
looked for support in China. Increased relations between China and Pakistan
effectively surround India. China now stands as a clear rival to Indian influence in
Nepal and Bangladesh, and is the largest aid donor to Sri Lanka.
The West is putting pressure on India to be firmer with regional military juntas, such
as in Burma, and will indeed hold its US allies close. However, this limits India both
militarily and economically on the extent to which it can influence events in South
Asia. India now accounts for 9 percent of global arms purchases, and has increased its
defence budget by around 11 per cent year on year; a trend that a wary Delhi is likely
to continue.
Japan
With 90% of its imported oil passing through the South China Sea, Japan has its own
strategic interests in the region. The power balance in the South China Sea also has an
enormous impact on security in Japans surrounding waters, namely the East China
Sea and Philippine Sea. In addition, if China successfully obtains a sea-based secondstrike capability by dominating the South China Sea, that would undermine the
credibility of the US extended deterrent.
Japan announced its new National Defence Programme Guidelines in December
2010, which calls for enhanced ISR operations along the Ryukyu island chain and
reinforcement of the submarine fleet. In the recent US-Japan 2+2 meeting, Tokyo and
Washington included maintenance of maritime security and strengthened ties with
ASEAN, Australia, and India in common strategic objectives.
United States of America
The US has made clear its opposition to Chinas assertiveness at various regional
forums by emphasising its interest in freedom of navigation. However, militarily the
USAs 7th Naval Fleet is under stress due to budget cuts. In contrast, China has
increased its defence spending by 15% annually since 2000.

After the Osama Bin Laden incident in Pakistan, US-Pakistan relations have taken a
steep dive, resulting in stronger Sino-Pakistan relations; Pakistan has asked China to
build a naval base in its waters. All this spells weakening influence in the region at
this critical time.
In addition, alarmed members of ASEAN look to the US for support which may drag
the US in to the conflict, especially given that the live-fire drills by Vietnam and the
Philippines in disputed waters was done with the aid of the US.

Reference
http://www.globalsecurity.org/military/world/war/spratly-ship.htm
http://www.scribd.com/doc/27449991/South-China-Sea-Energy-Data-Statistics-And
http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20110415-331204/PHruns-to-UN-to-protest-Chinas-9-dash-line-Spratlys-claim
http://www.lib.utexas.edu/maps/asia.html
http://www.un.org/Depts/los/convention_agreements/convention_historical_perspecti
ve.htm
http://www.atimes.com/atimes/China/LG29Ad03.html