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Preamble
The South China Sea covers 1.4 million square miles extending from Chinas
southern coast to Taiwans western shores then southward to the islands of
the Philippines, the eastern shores of Vietnam and the shores of Brunei,
Malaysia and Indonesia.
Through these waters sail upwards of 60% of the worlds commerce and oil.
Fishing vessels of the nations surrounding the South China Sea traditionally
have fished these waters for centuries.
International law states that a nations territorial waters extend 12 nautical
miles from its coastline. International law also states that the Exclusive
Economic Zone of a nation extends 200 miles from its coastline. This
Exclusive Economic Zone is exclusive to the nation from which it extends
and no economic activity is permitted within its waters by any other nation
except with the governing nations permission.
Disputes between nations within these areas are governed by several
organizations; the International Court of Justice and the United Nations
Tribunal on the Law of the Sea. The sea treaty governs the use of these
areas and specifies the rights of all signatories of whom the Peoples
Republic of China is one, but the United States is not, although the U.S.
commonly adheres to may principles of this treaty.
Historical Overview
The South China Sea is a marginal sea that part of the western Pacific
Ocean. Covering an area of approximately 1,400,000 square miles, this area
has often been a sea of strategic importance with fishing and commercial
transit representing a large portion of its early history. The South China Sea
encompasses an area from the straits of Singapore and Malacca to the
Strait of Taiwan.
$5.6 trillion dollars worth of commerce and nearly a third of all the worlds
shipping passes through the South China Sea. The sea has gained
prominence in recent years due to the belief that large quantities of oil and
gas lie beneath its surface.
Portuguese sailors conducting trade missions in the sixteenth century called
the sea China Sea.
A chronicle of the Western Zhou dynasty provides the first Chinese name of
this region; the Southern Sea. This account claims that barbarians from the
sea gave tributes of sea turtles to the Zhou rulers.
A majority of the sea came under control of the Empire of Japan during
World War Two following the acquisition by Japan of many of the lands
surrounding this sea.
The South China Sea is the second most used sea lane in the world. Over 10
million barrels of crude oil a day are shipped through the Strait of Malacca.
Oceanographic institutes suggest that the South China Sea may represent
as much as one third of all the oceans marine life.
Several nations have competing territorial claims over the South China Sea.
The Peoples Republic of China and the Republic of China (Taiwan) both
claim an area represented by the Nine-Dash Line. The Nine-Dash Line
extends from the shores of China to the shores of the Philippines, continues
south to Brunei and Malaysia and loops northward near Vietnam and back
to China.
Vietnam and China have both been vigorous in pursuing their claims. A
short but sharp conflict between the two led to China seizing the Paracel
Islands from Vietnam in 1974 and another conflict near the Spratly Islands
between China and Vietnam resulted in the deaths of 88 Vietnamese troops.
The International Court of Justice has also been active in the region
providing judgments on territory within the region. In 2008, the
International Court of Justice settled a dispute between Singapore and
Malaysia over several islands.
More recent claims have become increasingly acrimonious and have
degraded the peace and stability of the region. These disputes seem largely
to have been instigated and fomented by China.
Strategic Importance
The United States considers the South China Sea to be of strategic
importance not only to itself, but to the international community at large
especially those nations whose shipping transits these waters or who rely on
the shipping that passes through the South China Sea.
The South China Sea is truly international in scope with the naval vessels of
many seagoing nations patrolling or traversing these waters.
The United States is no exception to these patrols and as the preeminent
naval power in the world, the U.S. Navy often has ships travelling through
these waters and conducting port calls to friendly nations around the
periphery of the South China Sea. U.S. naval and Air Force aviation also
conducts patrol and surveillance missions in and around this sea.
No Legal Claim
China has no legal claim to the waters, territory, islands, reefs, atolls,
submerged features or reclaimed land of the South China Sea. China has no
legal, traditional or historical claim to any part of the South China Sea
which extends further than Chinas 200 mile Exclusive Economic Zone.
Chinas claim of possession of the South China Sea is akin to the United
States claiming the entire Caribbean Sea as its exclusive territory. This
would be a preposterous claim and Chinas claim of ownership of the South
China Sea is just as preposterous.
Specific Chinese Illegal Actions and Militarization in the South
China Sea
Over the last several years, China has acted unlawfully by reclaiming land,
seizing islands not its own, threatening neighboring states, ramming
peaceful shipping and militarizing the islands it has built out of atolls and
reefs.
1. An Indian amphibious ship on a port visit to Vietnam in 2011 was
contacted 45 miles from the Vietnamese coast in international waters
by a ship over the horizon claiming that the Indonesian ship had
entered Chinese waters. The Indonesian ship took no action and the
Chinese vessel did not approach.
2. In 2012, Chinese Coast Guard vessels surrounded Philippine Coast
Guard vessels and forces around and on Scarborough Shoal within
Filipino territory. The Filipino forces eventually ran out of supplies
and left the area. Chinese forces then occupied the Shoal.
3. In 2014, China established an oil rig in Vietnamese waters near the
Paracel Islands. The rig was surrounded by nearly 100 Chinese
vessels of all types in a show of force.
4. Indonesian authorities seized a Chinese fishing vessel in 2016 but
were prevented from detaining it when a Chinese Coast Guard vessel
rammed the ship.
5. China continues to reclaim reefs, rocks and atolls in the South
China Sea by pumping sand from the bottom of the ocean. This
destroys the natural environment of which the South China Sea is said
to represent a third of all maritime fauna. China then militarizes these
reclaimed islands by installing troops, missile batteries and fighters
as well as other military equipment and forces on the islands.
This is just a summary of the many actions China has undertaken in
violation of international law.
Areas of Dispute
There are four specific areas in which Chinas actions threaten or imperil
freedom of navigation and the law of the seas or violate international law.
1. China has seized islands and territory and claims areas of the South
China Sea which rightfully belong to other nations.
2. China continues to harass and threaten shipping and fishing boats
from other nations in violation of international law which increases
the danger and threatens the peace and security of the South China
Sea and the nations that surround it.
3. Chinas claim to nearly the entire South China Sea could be used to
threaten, harass or prohibit international shipping from transiting
these waters at a whim from China.
4. China has seen fit to militarize the islands is has illegally created and
this militarization is increasing, expanding and multiplying in quantity,
quality and type posing extreme danger to aviation and naval
navigation.
Remedial Measures
The international community requests that China remedy these violations
expeditiously. The United States, the nations of the western Pacific and the
nations surrounding the South China Sea all agree on specific courses of
action that China should immediately take to remedy this situation and
restore peace and stability to the region.
1. China must relinquish claim to the South China Sea that lies beyond
Chinas 200 mile Exclusive Economic Zone.
2. China will not emplace oil rigs, drilling platforms or illegally fish or
conduct any other violation of the economic aspects of the
international law of the seas or within any other nations Exclusive
Economic Zone.
3. China shall turn over all islands it has built to those nations whose
rightful territory these islands lie within.
4. China must cease the aerial and naval harassment of aviation and
shipping transiting the South China Sea.
5. China must respect and pull back its Air Defense Identification Zones
from those of other nations and commence negotiations to establish a
jointly agreed upon boundary for the Air Defense Identification Zones
between nations.
6. China must adhere to all decisions of international courts.
7. China must adhere to all other such measures as circumstances may
warrant.
Remedial Enforcement
19.
Position a Coast Guard detachment in the Philippines to provide
aid and assistance to all parties in need of such assistance.
20.
Increase the rotation of temporary troops and forces in addition
to those above in and out of the area.
21.
The United States will, with or without the assistance of other
nations, reclaim islands throughout the South China Sea including
those just outside Chinas 12 nautical mile territorial waters limit and
harden improvements on the islands to permit the deployment of
troops and military equipment thereon and station a platoon of Army
troops and such troops of other branches as may be necessary to
conduct the missions assigned.
Active Engagement
In the event the Remedial Enforcement does not assure the cooperation of
China in adhering to the Remedial Measures and those such others as
circumstances may warrant, the United States will pursue a policy of Active
Engagement.
1. Shadowing of Chinas naval and fishing assets will be implemented.
2. Photographing of Chinese naval and air assets will be increased and
distribution to a worldwide audience expanded.
3. An additional Marine Combat Brigade will be permanently stationed
in the Philippines.
4. Additional Naval and Air Force fighters will be deployed to the
Philippines.
5. Several bombers will be stationed in the Philippines.
6. Aviation assets will initiate a 24 hour cycle.
7. Air, space and naval surveillance of the region will increase, aerial
surveillance will initiate a 24 hour cycle.
8. As deemed appropriate, air and naval surveillance craft may be
escorted by combatant craft.
9. Additional tactical and strategic assets will be transferred to the
region.
10.
The U.S. Army will station a brigade of troops along Chinas
border with Vietnam and another brigade along Chinas border with
India.
11.
Tariffs will be placed on the import of Chinese goods into the
United States.
12.
Diplomacy will commence to establish a mutual defense treaty
between such nations in the region that do not have one with the
United States.
13.
The United States will seek permission to establish a naval base
and an air base in Vietnam.
14.
Additional tactical, cruise, anti-ship and anti-aircraft missiles
will be deployed to the region.
15.
The United States will assist the Philippines and those other
such nations requesting said aid to reclaim reefs and atolls within
their territorial waters.
16.
The United States will commence a mining plan and deploy said
assets to the region.
17.
The United States Marines will communicate with China that
the United States and the other nations in the region with Chinas
development of aids to air and navigation in the area and will
commence the transfer of these improvements to those nations to
which they belong
18.
The United States Marines will then land on those islands in
concert with the forces of other nations to preside over the ceremony
transferring the improvements from China to those nations.
Demonstration and Remonstration
Should China ignore these measures and continue along its destructive path
that threatens the peace, stability and security of the area and continue its
forceful occupation of areas it does not own, first, enhanced diplomatic
measures will be undertaken. Should these fail, War Plan Blue will be
authorized.