The South China Sea Dispute: Implications For India: Raman Puri and Arun Sahgal
The South China Sea Dispute: Implications For India: Raman Puri and Arun Sahgal
The South China Sea Dispute: Implications For India: Raman Puri and Arun Sahgal
*Vice Admiral (Retd.) Raman Puri is a former Chief of the Integrated Defence Staff (CISC) and
is currently the Executive Director of the Institute of National Security Studies. Brigadier
(Retd.) Arun Sahgal is Joint Director at the Institute and a Visiting Fellow, Vivekananda
International Centre, New Delhi.
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mineral resources to the littoral states. Almost 50 per cent of the protein
requirement of the population bordering the South China Sea is met by the
abundant fishing activity in the region. As a consequence, over the past two
decades competing claims to island territories, maritime and seabed
jurisdictions, and access to fisheries have cast governments into a tangled
nexus of regional jurisdictional conflicts and rivalries.
The matter of maritime boundary delimitation in the South China Sea is
especially problematic, primarily because the present situation is defined in
terms of a configuration of overlapping unilateral claims to sovereignty over
an assortment of semi-submerged natural formations scattered throughout
the region. These hundreds of islands, islets, cays, reefs, rocks, shoals and
banks comprise four main archipelagos: the Pratas, Macclesfield Bank, Paracels
and Spratlys.
Eight states currently claim title to these islands. Singapore and Malaysia
dispute claims over Pisang Island and Pulau Batu Puteh, strategically situated
in the congested waters of Malacca and Singapore Straits. China, Taiwan and
Vietnam contest each other's claims to sovereignty over the Paracels, a group
of fifteen islets and several reefs and shoals scattered over a 200 km area in
the northern South China Sea. China in a bloody clash captured all the islands
in Paracels from South Vietnam in 1974. Taiwan also contests China's claims
to Pratas Island and Macclesfield Bank. As for the Spratlys, seven states assert
their claims. Whereas China, Taiwan and Vietnam claim the entire archipelago,
Indonesia, Philippines, Malaysia and Brunei claim sovereignty over portions of
it. Except Brunei and Indonesia, all the others have established a military
presence in the Spratlys.
The Spratlys are located in the southern South China Sea over a width of
400 nautical miles (west to east) and 500 nm (north to south). There are
approximately 400 land features, of which only 33 are above mean sea level
and only seven have an area greater than 0.5 sq km. With elevations ranging
from 2 to 6 metres, the mapped islands of the Spratlys, including shallow
territorial waters, cover an area of approximately 180,000 sq km (69,500 sq
miles).
The Spratlys are too small and barren to support permanent human settlement
independently, and few have freshwater or any significant land-based resources.
Yet they are considered strategic, economic, and political assets by the littoral
states, principally because they can serve as legal base points for states to project
claims of exclusive jurisdiction over waters and resources in the South China
Sea. The Spratlys area holds strategic importance for all states in the region,
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simply because these islands straddle the sea lanes through which commercial
vessels must sail en route to and from South Asian ports.
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Kalayaans is juxtaposed to the Palawan Province and extends some 300 miles
westward, into the heart of the Philippines' exclusive economic zone (EEZ).
To defend its claim, the Philippines currently has 595 marines stationed on
eight islands. These bases are fortified with heavy artillery and are equipped
with radar facilities, a weather station, and ammunition depots.
More recently, Malaysia and Brunei have asserted claims to certain islands
and reefs in the Spratlys, based principally on certain continental shelf provisions
in UNCLOS. Article 76 of UNCLOS describes what legally constitutes a
continental shelf for a state, and the sovereign rights it may exercise for exploring
and exploiting the resources of its continental shelf. However, the countries
which signed UNCLOS have several reservations about Article 76. In 1996,
when China signed UNCLOS it had five reservations, the very first being that
China would claim sovereign rights over the continental shelf: the implication
was that China was refusing to abide by UNCLOS even as it signed on to it.
Malaysia is the most recent claimant to occupy part of the Spratlys militarily.
In late 1977, Malay troops landed on Swallow Reef. Since then, about seventy
soldiers have been stationed on three of the twelve islets claimed by Malaysia.
Regardless of troops occupying islands in the Spratlys, it must be understood
that the continental shelf gives greater area to the northern South China Sea,
i.e. China, Taiwan and Vietnam stand to benefit rather than the southern side,
i.e. Indonesia, Malaysia and Philippines.
Brunei has only one claim to the Spratly group, that being to a naturally
submerged formation known as Louisa Reef. Similar to Malaysia the legal
premise for substantiating Brunei's claim flows from continental shelf
provisions in UNCLOS. Unlike Malaysia's claims to island formations, however,
Louisa Reef is a submarine feature and part of the seabed. Hence, it may be
regarded legally as an extension of a continental shelf. The critical point here,
of course, is Brunei's ability to demonstrate that Louisa Reef is indeed part of
the extension of its continental shelf. Settlement here is neither necessary nor
possible; the key criterion to be satisfied for ownership is whether the continental
shelf can be substantiated as a natural prolongation seaward from the coastal
territory of Brunei. Granting that, Brunei would enjoy the exclusive right to
exploit resources of the reef. Brunei is the only claimant without a military
presence in the Spratlys. Even so, Louisa Reef is also claimed by Malaysia,
which took possession of it in 1984.
In sum, the Spratlys situation remains complicated by competing claims
and the possibility of military clashes. Taiwan remains in control of Itu Aba
Island; the PRC has occupied seven reefs and rocks since January 1988;
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Vietnam now occupies at least twenty-seven islands, reefs and cays. The
Philippines controls at least eight principal islands and claims some fifty other
islets, reefs and shoals. Malaysia has troops on three atolls and asserts claims
to nine other geological formations in the area. Brunei claims Louisa Reef. The
South China Sea thus has become a patchwork of conflicting national claims,
most recently driven by geopolitical considerations over development of potential
hydrocarbon resources.
Once competing states unilaterally assert territorial and maritime
competence in the South China Sea, articulate enforceable limits of national
jurisdiction, and then proceed to grant to multinational companies concessions
or licensing projects within the areas claimed, conditions become ripe for
conflict over boundaries for allocating development opportunities in resource
zones. National anxieties also become aggravated, and regional tensions can
escalate to the point where military options become acceptable to some
governments. This pattern emerged during the past decade for states with
competing claims over the Spratlys.
The intractable and contentious nature of jurisdictional disputes over the
Spratlys has prompted claimant states to make efforts to enforce their claims
by stationing a permanent military presence in the archipelago. By 1999, nearly
1650 troops of five claimant governments had occupied at least forty-six of
the fifty-one land formations. In the process, the two principal antagonists,
China and Vietnam, have each increased naval patrols and established new
military outposts on previously unoccupied islets.
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commercial sea lanes throughout this region to sustain their international trade.
It in this context that Americans and their allies and partners - that includes
Japan and India - look upon the Chinese moves as an attempt to control and
dominate this strategic sea space. These opposing stands carry all the portents
for friction and contest leading to conflict.
Economics too plays an important part. Fishing remains an important
economic activity for all littoral states, and these waters hold abundant supplies
of numerous fish species. A recent study indicates that the Spratlys area,
covering some 390,000 sq km, is one of the world's richest fishing grounds,
yielding 7.5 tons of fish per sq km. Second is the energy perspective. Oil and
gas exploration is being used to ratchet tensions in the region. Promoting an
offshore energy industry has become a major factor in China's national economic
reform policy. China's strategy of moving offshore to develop potential oilfields
has strained its relations with other littoral states in South-East Asia. Its desire
to acquire vast areas of oil-rich seabed undoubtedly has been a prominent
catalyst in motivating other claimant states to carve out and assert national
claims throughout the Spratlys. This rivalry has compounded regional tensions
over the past decade.
However, the reality is that there is declining enthusiasm for oil exploration
in the South China Sea. Tall claims of the area being the second "Persian Gulf"
have not been substantiated by the results of oil surveys. This is leading analysts
to conclude that energy exploration is nothing but a ruse to occupy areas close
to the SLOCs. China in particular feels disadvantaged, given its geographic
location with regard to SLOCs. Its only achievement of some sort in exercising
control has been the occupation of the Spratlys in 1988.
Vietnam has emerged as China's main rival in the South China Sea. China
has created an agency called China Marine Surveillance (CMS) to conduct
surveillance over what it calls its "near seas (jinhai)". In recent years there
have been a number of incidents involving ships of the CMS accosting
Vietnamese and Filipino oil exploration vessels operating in their EEZ. In a
sense this competition has provided China with the opportunity to extend its
influence as a maritime power in Asia. The Chinese desire to preserve economic
and political interests through a strategic doctrine of active defence offshore
makes it necessary for the Chinese navy to be prepared for maritime disputes.
Sovereign rights, fishing rights, and the perceived potential of offshore
hydrocarbon resources are being used as potential triggers that have driven
the PRC's claims to islands in the South China Sea.
There is little doubt that Chinese claims to the Spratlys, which at their
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nearest point lie some 1110 km (600 nm) south of the Chinese mainland,
reflect strategic island grabbing. Such claims ostensibly support diplomacy
that will reinforce China's naval presence in the South-East Asian waters.
Chinese warships thus have become a projection of Beijing's politics into the
South China Sea. Moreover, China's intentions clearly are to acquire both
aircraft carrier and long-range, in-flight refuelling capabilities backed by active
sea denial capabilities through its increased maritime domain awareness and
anti-ship ballistic missiles and long-range cruise missiles, to facilitate projection
of those politics throughout the region.
Prospects of Military Conflict
Developments affecting the Spratlys over the past decade have exacerbated
tensions in the South China Sea. Several incidents involving bilateral intimidation
contributed to an uneasy, belligerent mood among various claimants during
the late 1990s and the first decade of the current century. Indeed, the Spratlys
have surfaced as a primary flashpoint for conflict, particularly with Vietnam.
The declaration of the South China Sea as one of its "core issues" recently by
China is an escalation of regional tensions by putting this claim on the same
pedestal as Taiwan and Tibet, legitimizing the use of military means to enforce
its claims. This has made China's neighbours like Vietnam and Philippines
nervous; they have sought regional international guarantees and intervention
from other interested players like the US and multilateral arrangements such
as the ASEAN Defence Ministers' Meeting plus, to prevent China from
undertaking unilateral action.
Until last year, China shied away from an open declaration of "sovereign
claims" over the South China Sea. With the claim of the South China Sea in
terms of nine dotted lines marking its claimed boundaries, China appears to
have overplayed its hand. The claim has precipitated an international crisis,
with the affected nations openly criticizing China's activities in the South China
Sea. The Hanoi meeting in 2010 was a watershed development. US Secretary
of State Hillary Clinton publicly acknowledged US right of intervention in case
freedom of navigation was restricted in the South China Sea.
Significantly, in the recent past China has become aggressive in the maritime
domain. It maintains that it has the right to regulate foreign military activities in
its EEZ whereas the US claims freedom of navigation and over-flight in
international waters. Armed with naval and air infrastructure and a large fleet
of modern destroyers and frigates, the PLA Navy is now conducting regular
operations in the East and South China Sea, including aggressive patrolling of
the Paracels and Spratlys. Further, the number of PLA Navy exercises and the
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conjunction with Vietnam and other regional players to protect its own interests.
While it is nobody's case to enter into confrontation with China, that country's
India-centric jingoism also needs to be analysed. Why is China adopting a
coercive attitude against India while seeking mutual accommodation with
ASEAN countries and even Vietnam and the Philippines?
Under the circumstances, what are India's options? It needs to be
categorically pointed out that India has interests in the region and these are
purely economic and partly political. India's stakes in three blocks in Vietnam
are as old as May 1988. What is important and relevant is that in all these years
China did not formally raise any objection to any of the agreements or projects
undertaken by India. It is only since it started claiming the area as being part of
its core interest that China has become hypersensitive.
India does not seek confrontation with China nor will it forsake its legitimate
economic rights and agreements entered with a sovereign government. Second,
it would be in the Indian interest to work with regional parties - to include
ASEAN, China, Japan and even the US - to develop a framework for maritime
cooperation. China must be encouraged to resolve the issue of its claims in the
South China Sea in a spirit of mutual cooperation, regional harmony and peace.
Unnecessary belligerence and assertiveness will only vitiate the atmosphere
and harm its own long-term interests.
If China insists upon coercing India, then India too can raise the issue of
Chinese presence in Pakistan where the Chinese are involved in over fortyfive projects for a cumulative investment of about $810 billion. PakistanOccupied Kashmir is Indian-claimed territory or, at worst, disputed. Moreover,
China's projects like the upgradation of Karakoram Highway and planned rail
link to Gwadar in Pakistan are aspects which are of strategic concern to India,
which India will be well within its rights to raise. The solution lies in resolving
the issue in a spirit of mutual accommodation. Joint development of fossil and
other resources will be for common good of the region, as against an attempt
to corner them for use by one country flexing its military muscle.
Conclusion
The essence of the Spratlys dispute lies in questions of territorial sovereignty,
not law-of-the-sea issues. UNLOS prescribes new legal rights and duties for
Asian littoral states and other users of ocean space. In the South China Sea,
the extension of 12 nm territorial sea and 200 nm EEZ has exacerbated
conflicting claimed jurisdictions over non-living resources in overlapping
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